California Court of Appeals, Second District, First Division
Filed 5/31/13 (unmodified version)
APPEAL from an order and judgment of the Superior Court of Los Angeles County No. SJ3716 Mark A. Young, Judge.
E. Alan Nunez for Defendant and Appellant.
Ruben Baeza, Jr., Assistant County Counsel, Joanne Nielsen, Principal Deputy County Counsel for Plaintiff and Respondent.
ORDER MODIFYING OPINION
It is ordered that the opinion filed herein on May 31, 2013, be modified as follows:
The last full paragraph of the discussion, beginning at the bottom of page 4 and continuing to page 5, is deleted.
There is no change in the judgment.
ROTHSCHILD, Acting P. J.
Penal Code section 1305, subdivision (d) provides for the exoneration of a forfeited bail bond if the defendant is permanently unable to appear in court and “[t]he absence of the defendant is without the connivance of the bail.” Here, it is undisputed that Luciano Villa, the defendant in the underlying criminal case, was permanently unable to appear in court because he had been deported. The issue is whether the bail surety “connived” in the defendant’s inability to appear because the surety should have known that Villa would likely be deported while released on bail.
We hold that even assuming the bail surety should have known there was a likelihood Villa would be deported while out on bail, the surety did not “connive” in his deportation and therefore was entitled to exoneration of its bond.
FACTS AND PROCEEDINGS BELOW
On June 11, 2011, appellant Financial Casualty & Surety, Inc. (Financial) posted a $100, 000 bond for the release of Luciano Villa who was charged with driving under the influence of a drug or alcohol (Veh. Code, § 23152, subds. (a) and (b)) and ...