People v. Seneca Ins. Co.

Seneca Insurance Company (Seneca), the surety on a bail bond, appeals an order denying its motion to discharge a bond forfeiture and to exonerate bail. [1]

Penal Code section 1166 [2] provides that when a guilty verdict is rendered against a defendant who is on bail, the trial court is required to commit the defendant to custody unless, upon considering five factors enumerated in the statute, including the defendant's flight risk and public safety, the trial court concludes the evidence supports its decision to allow the defendant to remain on bail. The statute also provides for exoneration of bail upon the defendant's commitment to custody.

In the instant case, the defendant was on bail, but was convicted pursuant to a guilty plea. The issues presented are (1) whether section 1166 applies when a defendant's conviction is pursuant to a guilty plea as contrasted with a guilty verdict; and (2) whether the trial court is required to articulate its reasons on the record for allowing a defendant to remain on bail pursuant to section 1166.

Based on our review of the legislative history, we conclude section 1166 applies equally to a defendant convicted pursuant to a plea…