People v. Meidell

AGEE, J.-

The People appeal from an order setting aside the forfeiture of defendant's bail. Such an order is appealable

(People

v.

Wilcox

(1960) 53 Cal.2d 651, 654-655 [2 CaI.Rptr. 754, 349 P.2d 522]).

Defendant has not filed any brief and therefore we accept as true the statement of facts in the appellant’s opening brief. (Cal. Rules of Court, rule 17(b)

*

.)

[106]

Defendant had been charged with three violations of section 288 of the Penal Code. He posted bail of $2,625 by a bond issued by a bonding company and was then released from custody.

After certain proceedings not pertinent herein, defendant was required to appear on May 11, 1962 before the Superior Court, Honorable William P. James presiding, for the pronouncement of judgment.

On May 10, 1962, the local agent of the bonding company learned that defendant had fled the United States by plane. The agent at once obtained a certification from the court in order to return the defendant into custody if he could be located.

On the same date defendant’s wife advised the agent that defendant had fled to Norway and that she would guarantee payment in full of the bond which was then subject to forfeiture.

On May 11, 1962, defendant’s wife purchased a cashier’s check in the amount of $2,625 and delivered it to the agent. That same day the order of forfeiture was made on the basis that the defendant had failed to appear as required.

Subsequently, defendant voluntarily returned and submitted to the jurisdiction of the court. On July 20, 1962, he was committed to the Atascadero State Hospital as a sexual psychopath. At this time, defendant moved that the forfeiture of bail be set aside under the provisions of section 1305 of the Penal Code. The motion was granted and this appeal ensued.