People v. Int'l Fid. Ins. Co.

*351 When a convicted defendant who had been released on bail failed to appear for sentencing, the trial court ordered bail forfeited and entered a summary judgment against the surety, International Fidelity Insurance Company. The surety appeals from the denial of its motion to discharge the order of forfeiture, set aside the summary judgment and exonerate bail, arguing that county counsel lacked standing to object to the surety's request for tolling of the time period to secure the defendant's appearance, the trial court should be authorized to toll that period in the circumstances presented by this case, and the court lacked jurisdiction to declare the forfeiture of bail prior to the time the defendant had been ordered to appear. Although we disagree with the first two of these arguments, the third requires us to reverse the judgment.

STATEMENT OF THE CASE AND FACTS

On November 19, 2013, Horacio Carlos Teran (defendant) was found guilty of three counts of lewd or lascivious acts against a child under the age of 14 years ( Pen. Code, § 288, subd. (a) ). 1 The defendant was remanded to custody with bail increased to $300,000, the matter was continued to 10:00 a.m. on January 24,…