People v. North River Ins. Co.
Opinion
Lead Opinion
Bamattremanoukian, J.
*527 *788 I. INTRODUCTION
The North River Insurance Company (North River) appeals from an order denying its motion to vacate forfeiture and exonerate a bail bond and from *789 the subsequent judgment entered against it. North River contends that the trial court lost jurisdiction over the bond by failing to declare a forfeiture pursuant to Penal Code section 1305, subdivision (a) 1 when defendant Carlos Eduardo Chirinos failed to appear at a hearing in his criminal case. For reasons that we shall explain, we will reverse the order and exonerate the undertaking.
II. PROCEDURAL BACKGROUND
On December 30, 2015, Chirinos waived arraignment in his criminal case and the trial court remanded him into custody, set bail at $50,000, and continued the matter to January 6, 2016. On January 6, 2016, Chirinos waived the statutory time requirements for his preliminary hearing and the trial court continued the case until February 3, 2016, keeping the bail as set. On January 14, 2016, Golden State Bail Bonds, an agent of North River, posted a $50,000 bail bond for Chirinos's release from custody. The bail receipt reflected that Chirinos's next court date was February 3, 2016.