People v. Allegheny Casualty Company CA4/3

Filed 3/17/25 P. v. Allegheny Casualty Company CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063815

v. (Super. Ct. No. 22CF2805)

ALLEGHENY CASUALTY OPINION COMPANY,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Law Office of John Rorabaugh and John Mark Rorabaugh for Defendant and Appellant. Leon J. Page, County Counsel and Donald Kevin Dunn, Deputy County Counsel for Plaintiff and Respondent.

This appeal involves a criminal defendant who, upon his release from custody after posting a bond, was given notice to appear in court on October 26, 2022. The district attorney later sent the defendant a letter titled, “Notice of Complaint Filed,” that notified him to appear on December 14, 2022, to enter a plea. The defendant failed to appear before the court on October 26, 2022. No excuse was offered for his nonappearance. Accordingly, pursuant to Penal Code section 1305, the trial court ordered the bond forfeited. The question on appeal is whether, as a matter of law, the notice from the district attorney telling the defendant to appear on a later date constitutes “sufficient excuse” for the defendant’s nonappearance. (Id., subd. (a).) We conclude it does not. Moreover, the court did not abuse its discretion in finding the district attorney’s letter did not constitute sufficient excuse for defendant’s nonappearance. We affirm. FACTS In September 2022, Allegheny Casualty Company (Allegheny) through its agent, Don’s Bail Bonds, posted bond for the release of a defendant from custody. On his release from custody, the defendant was given notice to appear in court on October 26, 2022. On October 3, 2022, the Orange County District Attorney’s Office prepared a letter notifying the defendant a criminal complaint had been filed and he needed to appear on