People v. American Surety Company CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A complaint charged codefendants Torres and Camacho with first degree residential burglary (Pen. Code, § 459 [statutory section references that follow are to the Penal Code unless otherwise stated]), cultivating in excess of six marijuana plants with concurrent violation of environmental law (Health & Saf. Code, § 11358, subd. (d)(3)), and conspiracy to commit a crime (§ 182, subd. (a)(1)). On June 19, 2018, the trial court appointed attorneys to represent the codefendants and the court continued the arraignment to June 22, 2018. The trial court set bail at $50,000 for each defendant stating, “the bail remains at $50,000 at this point in time. That’s the bail schedule.” The court ordered the codefendants to be present on the next hearing date. American Surety, through its agent Act Fast, posted bond number AS50-212113 in the amount of $50,000 for Torres and bond number AS50-207501 in the amount of $50,000 for Camacho.

2 On June 22, 2018, neither defendant appeared as ordered. The court ordered bail forfeited and issued warrants. The clerk sent notices of forfeiture of the $50,000 bonds on June 26, 2018. On January 31, 2019, pursuant to…