People v. Financial Casualty & Surety CA2/1

Filed 5/22/14 P. v. Financial Casualty & Surety CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B247264

Respondent, (Los Angeles County Super. Ct. No. BA383044) v.

FINANCIAL CASUALTY & SURETY, INC.,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Jose I. Sandoval, Judge. Affirmed. John M. Rorabaugh for Appellant. John F. Krattli, County Counsel, Ruben Baeza, Jr., Assistant County Counsel, Debbie C. Carlos, Associate County Counsel, for Respondent. _______________________________

Financial Casualty & Surety, Inc. (FCS) appeals from the trial court’s order denying its motion to vacate forfeiture and exonerate bail. We affirm. BACKGROUND On or about April 3, 2011, Roderick Lee Govan was arrested for carrying a loaded 1 firearm in violation of former Penal Code section 12031, subdivision (a)(1), and placed in custody. On April 6, 2011, FCS, through its agent, posted a bail bond in the amount of $35,000 to secure Govan’s release from custody. In an information filed in this case on May 3, 2011, Govan was charged with one felony count under former section 12031, subdivision (a)(1). On August 30, 2011, Govan appeared at a pretrial conference/trial setting hearing. The trial court heard and denied his motion to reduce the charge to a misdemeanor under section 17, subdivision (b). During a recess, the parties reached a plea deal under which Govan would plead no contest to the felony charge, be placed on probation for three years with credit for time served, and be required to perform 45 days of community labor with the California Department of Transportation (Caltrans). As the prosecutor stated on the record at the hearing, the parties also agreed to “put sentencing over for 18 months.” If, at that time, Govan completed the 45 days of Caltrans and had “not picked up any other new offenses,” the charge would be reduced to a misdemeanor at the sentencing hearing. The trial court clarified that Govan would “remain on misdemeanor probation for the remaining time at that point.” The prosecutor informed Govan on the record: “If you have not completed 45 days of Caltrans, or if you have picked up any new cases, then you’ll be sentenced on this charge as a felony to three years felony probation with credit for time served and 45 days Caltrans.” The prosecutor further informed Govan on the record: “If you are sentenced on this case as a felony and you violate any of the terms and conditions of your probation, then the court will have the option of reinstating you on probation and sentencing you to the remainder of time up to a year in county jail or to the state prison for either 16