People v. Lexington Nat’l Ins. Corp.Annotate this Case
Lexington National Insurance Corporation was the surety on a $20,000 bail bond that was ordered forfeited when Edelmiro Cisneros failed to appear at a hearing in his criminal case. Lexington filed a motion to vacate the bail forfeiture and exonerate bail, arguing that the trial court lost jurisdiction over the $20,000 bond when, at the end of Cisneros’s preliminary hearing, the trial court increased Cisneros’s bail to $100,000 but permitted him to remain out of custody. The trial court denied Lexington’s motion. The Court of Appeal reversed, holding that, when the trial court increased Cisneros’s bail to $100,000, it should have remanded Cisneros into custody and exonerated the original bond. The court’s failure to do so necessarily voided the original bond.