P. v. Ranger Ins. Co.
Filed 8/11/06 P. v. Ranger Ins. Co. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. RANGER INSURANCE COMPANY, Defendant and Appellant. | G036140 (Super. Ct. No. 03SF0625) O P I N I O N |
Appeal from an order and a judgment of the Superior Court of Orange County, Daniel J. Didier, Judge, and Robert R. Fitzgerald, Judge (retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Affirmed. Request for judicial notice. Denied.
Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant.
Benjamin P. de Mayo, County Counsel, and Leon J. Page, Deputy County Counsel, for Plaintiff and Respondent.
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Introduction
After its bail bond was forfeited, Ranger Insurance Company (Ranger) located criminal defendant Raymundo Segura in Mexico, and detained him in the presence of the local law enforcement agency. Ranger asked the trial court to vacate the bond forfeiture and exonerate the bond, claiming the Orange County District Attorney had elected not to seek Segura's extradition. The district attorney's office advised the court it had elected to seek Segura's extradition, but extradition would not be feasible in light of the Mexican government's refusal to extradite criminal defendants facing the equivalent of a life sentence. The court found a formal request for extradition would be futile, and denied Ranger's motion to vacate the forfeiture.
We conclude the trial court's findings were supported by substantial evidence, and therefore affirm. The policy of the Mexican government at the time Segura was detained by Ranger in Mexico made his extradition back to Orange County not feasible. Later changes in that policy are irrelevant to our determination that the trial court did not err in denying Ranger's motion to vacate.
Statement of Facts and Procedural History
Segura was charged in an information with three counts of committing a forcible lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (b)(1)), and one count of committing a lewd act on a child under age 14 (id., § 288, subd. (a)); the information alleged four special allegations of substantial sexual contact with a child (id., § 1203.066, subd. (a)(8)). On February 12, 2004, American Liberty Bail Bonds (American Liberty), as a bail agent on behalf of Ranger, executed a bail bond in the amount of $150,000 to secure Segura's release from jail. On May 14, 2004, Segura failed to appear for a pretrial hearing, and the trial court ordered bail forfeited.
In May 2005, an investigator for American Liberty located Segura in Iguala, Guerrero, Mexico. The investigator confirmed Segura's identity, took him to the local police station, and had him fingerprinted and photographed.
On May 17, 2005, Ranger filed a motion to vacate the forfeiture and exonerate the bond, on the ground the Orange County District Attorney had elected not to seek extradition after being informed of Segura's location. (Pen. Code, § 1305, subd. (g).) The district attorney's office opposed the motion on the ground it had elected to pursue extradition, but extradition from Mexico was not feasible. The trial court denied Ranger's motion, finding â€
