California Court of Appeal

People v. Lexington Nat'l Ins. Corp., B211602

Trial court's order denying a surety's motion to vacate bail bond forfeiture and to reinstate and exonerate a bail bond is reversed as the criminal defendant's custody in Virginia constituted a "temporary disability," within the meaning of Penal Code section 1305(e), requiring that the trial court order the tolling of the 180-day period (for vacating forfeiture and exonerating the bond) during the period of temporary disability.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Nunez & Bernstein, E. Alan Nunez for Defendant and Appellant., Office of County Counsel, Ralph L. Rosato, Assistant County Counsel, Melissa A. McCaverty, Deputy County Counsel, for Plaintiff and Respondent.