People v. Indiana Lumbermens Mutual Insurance

Indiana Lumbermens Mutual Insurance Company (hereafter the surety) appeals an order denying its motion to set aside the forfeiture of a bail bond. It contends that the bond was exonerated by operation of law, pursuant to Penal Code section 1305, subdivision (a), and that the court lacked jurisdiction to order its forfeiture.

FACTUAL AND PROCEDURAL HISTORY

The case arose as follows. On September 16, 2008, the surety posted a bond in the amount of $50,000 warranting the appearance of Ivan Beltran Flores to answer felony charges of violating section 422 (criminal threats). Upon posting bail, Flores was ordered to appear in court on October 21, 2008. Flores appeared in court on October 21, 2008. No complaint had yet been filed. The trial court continued the arraignment to December 2, 2008. It ordered the current bond continued because exonerating the bond would cause financial hardship for Flores in that he would be required to pay an additional premium to post a new bond and might also result in his rearrest when charges were filed.

*826 The complaint was filed on November 14, 2008. Flores appeared and was arraigned on December 2, 2008. A pre-preliminary hearing was set…