California Court of Appeal

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People v. American Contractors Indemnity Co., A138310

The trial court's order denying defendants relief from a bail forfeiture and the summary judgment that followed, is affirmed, where: 1) the clerk's notice of forfeiture was not deficient; 2) Penal Code section 977(b)(1), requiring felony defendants to personally appear absent a written waiver of appearance, supplies the legal compulsion to make a defendant's presence in court "lawfully required" under the bail forfeiture statute, Penal Code section 1305(a)(4); and 3) no excuse was given for defendant's absence for the subject hearing, and the trial court therefore properly ordered bail forfeited under section 1305(a)(4), when he failed to appear.

Appellate Information

  • Decided 05/30/2014
  • Published 05/30/2014

Judges

  • BANKE

Court

  • California Court of Appeal

Counsel