P.
P. v. Safety Nat. Casualty Corp. CA5
Opinion
Opinion
BACKGROUND
Defendant, Hector Aguilar, was arrested and held to answer for driving under the influence and driving with a suspended license. A complaint was filed charging Aguilar with misdemeanor violations of Vehicle Code sections 23152, subdivisions (a) and (b), and 14601.2, subdivision (a).
All further statutory references are to the Penal Code unless otherwise stated.
2. A Safety National bail bond in the amount of $35,000 was posted for Aguilar on March 21, 2010. An amended complaint charging Aguilar with felony violations of Vehicle Code section 23152, subdivisions (a) and (b), was filed on May 20, 2010. Aguilar failed to appear on July 14, 2010, and the bond was declared forfeited. Notice of forfeiture was mailed to Safety National on July 15, 2010. The exoneration period, as extended, expired on July 15, 2011. On July 15, 2011, Safety National filed a motion to vacate the forfeiture and exonerate bail. Safety National argued that the trial court was deprived of jurisdiction when it failed to give notice of transfer of bail after the original misdemeanor complaint was amended to include felony charges. Following several continuances, the motion to exonerate bail…