People v. American Surety Co.
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The Court of Appeal affirmed the trial court's order denying American Surety's motion to vacate the judgment forfeiting bail. American Surety contends that the trial court had no jurisdiction to continue the proceedings without forfeiting bail when the defendant failed to appear in court without presenting a sufficient excuse for his absence.
The court concluded that a court may continue criminal proceedings without forfeiting bail if the court has reason to believe that a sufficient excuse may exist for the failure to appear. In this case, counsel represented that the defendant had been on a 5150 hold in Ventura County, counsel of record had been attempting to contact him, counsel of record could not appear in court on that day because of a road closure due to inclement weather, and the defendant had appeared at prior court appearances. Therefore, the court concluded that the trial court properly exercised its discretion when it continued the bond for one week at counsel's request.
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