P. v. Lexington Nat. Ins. Co.
Appellant Lexington National Insurance Company (Surety) posted bail for the release of a defendant, Nicholas Cozzitorto, who later failed to appear for his arraignment. According to Surety, Cozzitorto appeared in court in an unrelated criminal case six days after the court had mailed a notice of the forfeiture of the bail bond in the first case. The court failed to order Cozzitorto into custody at the time of his appearance in the second case. Surety thereafter made a motion to vacate the bond forfeiture and exonerate bail; the motion was denied. Surety appeals from that order.Surety claims that, under Penal Code section 1305, subdivision (c)(1) (hereafter 1305(c)(1)), the court was required on its own motion to vacate its forfeiture order and exonerate the bond at the time Cozzitorto appeared in the second case. For the reasons stated below, Court disagree and will affirm.
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