People v. Amwest Surety Insurance

[446]

Opinion

CHANG, J.

*

Amwest Surety Insurance Co. (Amwest) appeals from two judgments, entered in favor of the People, decreeing forfeitures of bail bonds

1

after Michael Morrison failed to appear for sentencing (H000348) and for arraignment (H000422).

2

We affirm in case No. H000422 but reverse case No. H000348 and hold a postconviction, presentence commitment pursuant to Penal Code section 1203.03 exonerates an appearance bond.

Amwest posted a bail bond in the amount of $10,000 in each case. In No. H000348 (super, ct. No. 91823) Michael Morrison was convicted of two counts of robbery (Pen. Code § 211) and, on March 1, 1984, the trial court ordered Morrison to surrender to the sheriff to be delivered to the Department of Corrections for diagnosis and recommendation pursuant to Penal Code section 1203.03. A stay of execution was granted until March 14, 1984, when he was taken into custody. On April 16, 1984, Mr. Morrison was returned to the custody of the Santa Clara County Sheriff’s Department from the state facility at Vacaville and subsequently released on the original bond. Mr. Morrison appeared for sentencing on May 17, 1984, which was continued, at defense counsel’s request, until July 12, 1984. Mr. Morrison failed to appear on July 12, 1984, and bail was ordered forfeited.

The record on appeal sheds little light as to the proceedings in No. H000422 (super, ct. No. 93925). County counsel representing the People in this matter state in their brief that Mr. Morrison appeared for arraignment on April 30, 1984, appeared thereafter for setting of his preliminary examination on May 14, 1984, and appeared May 23, 1984, for the preliminary examination. Mr. Morrison was thereafter held to answer and arraignment was set for superior court on June 4, 1984, at which time Mr. Morrison failed to appear and bail was forfeited. In Amwest’s opening brief in case No. H000422 it is conceded that Mr. Morrison was at the preconviction, postpreliminary examination stage of the case when he failed to appear for arraignment in superior court and bail was forfeited.