People v. Accredited Surety & Casualty Co. CA2/2

DISCUSSION

Appellant contends that Navarro was not legally required to be present at the December 11, 2012 hearing and that it was outside the jurisdiction of the trial court to order bail to be forfeited. Appellant insists that the December 11 hearing was a pre- preliminary hearing where the actual date for the preliminary hearing would be set. We disagree. Navarro had notice that the preliminary hearing was rescheduled for December 11, 2012, because he was present in court when the date was set during the October 31 hearing. The court informed Navarro of his right to a preliminary hearing within 60 days of his arraignment and then asked him, “Do you waive and give up that right so that the

2 court can set the case for December 11, 2012, as a zero of 10, which means your preliminary hearing will take place that date or within 10 court days of that date?” Navarro responded in the affirmative. By the language of the court, it is clear that the preliminary hearing would be held on December 11, 2012, or within 10 days of that date. Contrary to appellant’s argument, the court did not say that the hearing on December 11 was merely intended for scheduling the actual preliminary…