People v. Frontier Pacific Insurance

Opinion

BLEASE, Actimg P. J.

Frontier Pacific Insurance Company (Frontier), appeals from a motion denying the exoneration of bail and a summary judgment entered against it following the forfeiture of a bail bond in the amount of $18,334. (Pen. Code, §§ 1305, 1306.)

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On appeal, Frontier contends the trial court lost jurisdiction to declare a forfeiture by failing to do so at the first hearing at which the defendant failed

[1292]

to appear and the trial court lost jurisdiction upon the running of the statutory period. Upon the court’s own motion, supplemental briefing was requested on the issue whether the summary judgment was void because it was not signed by a judge.

We will conclude the judgment is void for failure of a judge to sign the judgment within the time specified by law. (§ 1306.) We will direct that the trial court enter an order exonerating bail.

Statement of Facts

On June 1, 1996, Frontier, through its agent Albert Garibaldi Bail Bonds, posted a bond for the release of Abelardo Rios Benitez in the amount of $18,334.

Benitez was tried by a jury, which began and concluded its deliberations on February 14, 1997. The jury informed the court it had reached a verdict at approximately 4:35 p.m. Benitez was not present in court. Upon questioning by the trial judge, Benitez’s attorney indicated he believed his client was not in court due to a misunderstanding or miscommunication, especially since Benitez had made every other required court appearance. Benitez’s attorney also pointed out that when the jury began deliberating, the defendant had not been told to return to court at any particular time.

The judge accepted this explanation and continued the matter to February 18, 1997. Benitez did not appear at the February 18, 1997, hearing to read the verdict. Benitez was found guilty, a bench warrant issued, and bail was forfeited. A notice of forfeiture was mailed on March 3, 1997.

On August 27, 1997, within the 185-day statutory period, Frontier filed a motion to extend the period. The motion was set for hearing on September 9, 1997, as per Frontier’s request. After the September 9, 1997, hearing, the trial court granted the motion and extended the period for an additional 180 days. On March 27, 1998, after the expiration of the period of extension, summary judgment was entered.