People v. Resolute Insurance

RATTIGAN, J.

This is an appeal from an order denying a motion to vacate a bail forfeiture.

On January 19, 1965,

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Robert P. Tucker was charged by complaint with the crime of robbery, a felony. (Pen. Code, § 211.) Bail was duly fixed at $7,500, plus $750 penalty assessment. Appellant, a corporate surety, posted its bail bond in the required amount of $8,250 on February 19, and Tucker was released. Upon arraignment in the Los Angeles Superior Court, Tucker entered a plea of not guilty and the case was set for trial in department 104 of that court on April 2, a Friday. Tucker remained free on bail pending the trial.

On March 30, the Tuesday preceding the April 2 trial date by three days, the district attorney appeared in department 104 and made a presentation to the court. The showing and its results are set forth in the court’s minute order dated March 30. The order’s full text, excepting only the court caption, reads as follows:

“ Mar 30 1965 19

‘ ‘ The People oe the State oe California, vs.

Robert F Tucker 300738

“Cause is advanced from April 2, 1965, on motion of the District Attorney. Deputy District Attorney A H Stovitz,

[635]

present. It being represented to the Court that defendant is under arrest in Canada, a bench warrant is issued herein. Bail if forfeited. No bail is fixed on the bench warrant. Emmett C Lightner is sworn and testifies for the People. Trial date remains April 2, 1965, 9 AM. (Bench warrant is issued.) ”

In its brief, and without contradiction from respondent, appellant states that the March 30 order was entered “upon representation being made by the district attorney’s office, and the testimony of Officer Lightner, that Tucker was in custody in Canada, ...” The record shows no more concerning the proof adduced on the subject of Tucker’s whereabouts on March 30. Appellant states that it was given no notice of the March 30 proceeding, and the record—which we have augmented, as will appear—does not show that notice thereof was given to appellant, Tucker or anyone else.