People v. Bankers Insurance Company CA1/5

BACKGROUND

Bankers posted a bail bond in April 2020 to secure the release from jail of Kyer, who had been charged with two felonies. The bail bond face sheet and jail receipt each stated that Kyer was ordered to appear in court on May 19, 2020. The docket, however, does not reflect that a hearing was scheduled or held on May 19, 2020.

The next hearing held after Kyer’s release was a plea hearing on May 21, 2020, in Department 712. The record of that hearing, while sparse, shows Kyer did not attend. There is no reporter’s transcript. The minutes consist of a form on which the clerk noted that the judge and defense counsel appeared by video and wrote “N/A” in the space for “Dep[uty] DA.” The form has boxes to indicate a defendant was “Present,” “In Custody,” “Not Present,” “Excused,” “[Section] 977 [waiver] on file,” or “Failed to Appear”; the clerk checked “Not Present.” The minutes do not indicate what occurred at the hearing, though a docket entry states, “Maintain Date(s).” The minutes state that a plea hearing was set for August 17, 2020.

Kyer did not appear at subsequent hearings on August 17 or September 23, 2020.

After Kyer did not appear at a plea hearing in March 2021,…