People v. Accredited Surety

Filed 9/19/16 Certified for pubication 10/5/16 (order attached)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068515

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2015-00022398-

CL-EN-CTL)

ACCREDITED SURETY & CASUALTY

CO.,

Defendant and Appellant.

APPEAL from an order and judgment of the Superior Court of San Diego County,

David M. Szumowski and David J. Danielsen, Judges. Affirmed.

John M. Rorabaugh, E. Alan Nunez, and Robert T. White for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, and Walter J. De Lorrell III, Deputy

County Counsel, for Plaintiff and Respondent.

Defendant Accredited Surety & Casualty Co. (Surety) appeals an order and

judgment in favor of the People following forfeiture of Surety's bail bond under Penal Code section 1305.1 Surety contends the court erred by denying its motion to vacate the

forfeiture and exonerate the bond. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Surety posted a $25,000 bail bond for the release of Jose Espinoza Estrada, who

had…