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 trial court lacked jurisdiction to order forfeiture of the bond because it failed to do so on the first occasion when the bailee failed to appear without excuse.

We will affirm the order.

FACTUAL AND PROCEDURAL HISTORY

The case arose as follows. On May 18, 2007, the surety issued a bond in the amount of $75,000 warranting the appearance of Shawn Jason Bergman to answer felony charges in connection with an incident of driving under the influence causing great bodily injury. (Veh. Code, § 23153, subds. (a) & (b).)

Bergman appeared for his arraignment on May 18, 2007, and on the same date posted the bond and filed a waiver of his presence as authorized by Penal Code section 977, subdivision (b). Bergman waived time for his preliminary hearing. Thereafter, he did not personally appear on six dates set for a felony settlement conference but did appear through counsel on each date (June 7, July 20, Aug. 24, Sept. 7, Oct. 1, and Oct. 26, 2007). The settlement *48 conference was continued on the first five…