People v. Amwest Surety Insurance

[621]

Opinion

ZECHER, J.

*

I.

Amwest Surety Insurance Company, a corporate surety which provided two $5,000 bail bonds for a criminal defendant named Romosky, appeals from the last in a series of orders which effected the forfeiture of both bonds and which required Amwest Surety to pay $10,000 to the People of the State of California. Amwest Surety argues that before the forfeitures were declared it had been released from all obligations under each bond. We agree. Therefore, we reverse with directions to vacate the forfeitures and summary judgment thereon and to exonerate the bonds.

Romosky had been arraigned for probation violations in two matters. The hearings were set for May 29, 1986. In each matter, Amwest Surety provided a $5,000 bail bond for Romosky. He was released from custody pending the hearings. On May 29, he did not appear. The bailiff reported Romosky had telephoned to say he was in another county, his car battery had been stolen, he had no way to get to court, and he needed a continuance for “a week or so.”

The court said: “[Sjince the Defendant fails to appear, the Court is revoking probation as to each instance and ordering that a warrant will issue for the arrest of the Defendant in each instance. To his credit he called the Court. I have to give him that. In that respect, I will order a stay on the warrant.” The court fixed bail at $5,000 in each case and granted

“a

one-week stay to June 5th . . . .”

The probation officer pointed out that $5,000 bail had previously been set and posted in each matter. The court responded: “Why don’t I do this: make an order in addition to bail being revoked, forfeited in each case, Court fixes bail, ten thousand each docket, stays the execution of the warrants to next Thursday at 9:00 o’clock. That would be June 5th.”

The minutes of the May 29 hearing note “bail forfeited” in each matter.

Romosky appeared on June 5. The record contains no reference to bail proceedings on that date, however, the matters were put over to June 26. On June 26, Romosky did not appear again, whereupon the court ordered a bench warrant, set new bail, and continued the matters to July 10.