People v. Financial Casualty & Surety CA2/2

Filed 8/26/15 P. v. Financial Casualty & Surety CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B256578

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. SJ3930, SJ3931) v.

FINANCIAL CASUALTY & SURETY, INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Rupa S. Goswami, Judge. Affirmed.

John M. Rorabaugh and E. Alan Nunez, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Ruben Baeza, Jr., Assistant County Counsel, and Debbie C. Carlos and Kevin J. Engelien, Deputy County Counsel for Plaintiff and Respondent.

Defendant and appellant Financial Casualty & Surety, Inc. (Financial) appeals from an order denying its motions to set aside bail bond forfeitures on the ground that the trial court lacked jurisdiction to declare a forfeiture after purportedly placing defendant Javier Carvente (Carvente) on probation. We affirm the trial court’s order. BACKGROUND Los Angeles Superior Court Case No. 9MP10053 On September 17, 2009, Carvente entered a no contest plea to violations of Vehicle Code sections 14601.1, subdivision (a) and 23152, subdivision (b). He was sentenced to summary probation and was ordered to participate in an 18-month alcohol treatment or counseling program and to complete 10 days of community labor. On December 17, 2009, Carvente’s probation was revoked and he was ordered to return on February 16, 2010, for a probation violation hearing at which he failed to appear. Los Angeles Superior Court Case No. 5ZZ03303 On June 25, 2007, Carvente entered a no contest plea to a violation of Vehicle Code section 23152, subdivision (b), was sentenced to summary probation, and was ordered to participate in a nine-month alcohol program and to serve seven days in jail or perform seven days of community labor. On March 25, 2008, Carvente’s probation was revoked for failure to appear. On September 4, 2009, Carvente was present in court, out on bail, and ordered to perform two AA meetings a week pending his probation violation hearing. On September 17, 2009, Carvente stipulated that he had violated probation, and the court reinstated his probation with modified terms and exonerated bail. Carvente subsequently failed to appear as ordered, and his probation was revoked on February 16, 2010. Subsequent proceedings in both cases On July 16, 2012, Financial posted bond No. FCS50-952184 for Carvente’s release from custody in case No. 5ZZ03303 and bond No. FCS50-962588 for Carvente’s release from custody in case No. 9MP10053.