County of Los Angeles v. Ranger Insurance
Opinion
Opinion
Woods, J.
In this bail forfeiture appeal we conclude the trial court did not lose jurisdiction by failing to forfeit bail upon the criminal defendant’s initial nonappearance and performance by appellant-surety was not excused. We affirm the judgment.
Procedural Background
Mohammed Habibullah (defendant) was charged by the Los Angeles County District Attorney with multiple offenses including forcible rape, assault with intent to commit rape, sexual battery, and genital/anal penetration with a foreign object. Bail was set at $50,000.
About April 20,1993, appellant posted $50,000 bail for the defendant and undertook to insure his appearance on May 18, 1993, and at all future court dates.
On the March 1, 1994, trial date the defendant failed to appear. Relatives of the defendant advised the court defendant was deceased and, as proof, presented a death certificate. A Farsi court interpreter interpreted the death certificate.
The trial court, on its own motion, continued trial to April 1, 1994, and issued but held a bench warrant for defendant’s arrest. The purpose of the continuance was to enable the People to verify the death certificate. The court did not forfeit bail.