People v. V. C. Van Pool Bail Bonds

Appellant, V. C. Van Pool Bail Bonds, appeals from an order setting aside a forfeiture of bail upon payment of $196 costs. Van Pool contends the cost assessment was arbitrary and capricious and therefore not a “just” condition within the meaning of Penal Code section 1305, subdivision (a) ([fl] 2). Van Pool also argues the cost assessment violated the equal protection clause of the California Constitution, article I, section ?. We affirm the order.

Facts and Proceedings Below

Van Pool furnished a bail bond in the sum of $1,000 to secure the appearance of defendant Messier on a felony charge. Bail was ordered forfeited when defendant failed to appear for her arraignment. Within the 180 days provided by statute, Van Pool surrendered the defendant to the court and moved to have the bail forfeiture set aside. 1 The record does not show notice of the hearing was given to defendant or the person who put up collateral for the bail bond. The only parties represented at the hearing were Van Pool and the district attorney.

At the hearing the trial judge advised the parties her intention was to grant the motion to set aside the bail forfeiture on condition Van Pool pay the cost…