People v. Financial Casualty & Surety CA2/1

BACKGROUND

On or about April 3, 2011, Roderick Lee Govan was arrested for carrying a loaded 1 firearm in violation of former Penal Code section 12031, subdivision (a)(1), and placed in custody. On April 6, 2011, FCS, through its agent, posted a bail bond in the amount of $35,000 to secure Govan’s release from custody. In an information filed in this case on May 3, 2011, Govan was charged with one felony count under former section 12031, subdivision (a)(1). On August 30, 2011, Govan appeared at a pretrial conference/trial setting hearing. The trial court heard and denied his motion to reduce the charge to a misdemeanor under section 17, subdivision (b). During a recess, the parties reached a plea deal under which Govan would plead no contest to the felony charge, be placed on probation for three years with credit for time served, and be required to perform 45 days of community labor with the California Department of Transportation (Caltrans). As the prosecutor stated on the record at the hearing, the parties also agreed to “put sentencing over for 18 months.” If, at that time, Govan completed the 45 days of Caltrans and had “not picked up any other new offenses,” the charge would…