People v. American Surety Insurance Company

American Surety Insurance Co. (American) appeals from an order that denied its motion to vacate a summary judgment entered on a forfeiture of a bail bond which American provided for criminal defendant Jose Garcia Magana (Magana). The bail was forfeited when Magana failed to appear for sentencing after the trial court had previously indicated to Magana that he would be sentenced to the midterm in exchange for his plea of no contest.

American contends that giving a defendant an indicated sentence is substantially no different from actually sentencing the defendant, and therefore under Penal Code section 1195, Magana’s bail should have been exonerated after the trial court indicated Magana’s sentence. American further contends that failure to exonerate the bail materially increased the risk that it assumed on Magana’s bail bond since its contractual risk was only to undertake Magana’s appearances in court up through sentencing or grant of probation.

We do not agree with American’s position. We hold that when, as happened in this case, the trial court indicates a sentence and then instructs the defendant that a failure to make a timely appearance on the date set for…