California v. Accredited Surety & Casualty Co.
Annotate this CaseAppellant Accredited Surety & Casualty Company (Accredited) appealed an order denying a motion to vacate forfeiture, exonerate bail, and set aside the summary judgment. Accredited contended: (1) the bail was set unconstitutionally, in violation of defendant Michael Manning’s (Manning) due process rights; (2) the bonds were void as they exceed the authority of the power of attorney; and (3) the bond was exonerated by operation of law when the trial court released Manning on his own recognizance with conditions. The State filed a felony complaint charging Manning with seven counts of sex offenses against a child under the age of 14 and one count of possession of child pornography. The complaint also requested bail be set at $215,000. At a hearing that same day, with defendant present and represented by counsel, the court set bail at $215,000. Accredited, through its agent, posted bond for $215,000. The State amended its complaint, adding adding a second count of possession of child pornography, three counts of using a minor for sex acts, and one count of sexual exploitation of a child. This complaint requested bail be set at $290,000. At a hearing, with defendant present and represented by counsel, the trial court set bail at $290,000, and Manning was remanded to custody. Accredited, through its agent, posted bond for $290,000, and Manning was released. The bond indicated it was void if written for an amount greater than an attached power of attorney. Defendant did not appear for the sentencing hearing. The trial court ordered bail forfeited. The clerk sent notice of forfeiture of the $290,000 bond. Accredited argued the bond was exonerated when the trial court released defendant on his own recognizance, alternatively, the bond was exonerated when the trial court increased the bail amount to $290,000 but released defendant on the $215,000 bond, and the two bonds combined were void as they exceeded the limitation of their power of attorney. The Court of Appeal found Accredited waived any challenge to defects in the proceedings preliminary to the taking of bail, including setting bail, when it assumed its obligations at the time of the execution of the bond. Further, the record did not support Accredited’s argument that the bond exceeded the authority of the power of attorney; the trial court did not release Manning on his own recognizance, as the notation to that effect is a clerical error. Accordingly, the Court affirmed the judgment.
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