People v. Lexington National Insurance

Opinion

KRIEGLER, J.

A defendant convicted by jury of two felonies failed to appear for sentencing, resulting in the forfeiture of bail. The surety moved to exonerate the bail under Penal Code section 1305, subdivision (f), 1 on the basis defendant was in custody in Chechnya and the district attorney had refused to extradite. The district attorney opposed exoneration, arguing there had been no such election because the United States and Chechnya had no extradition treaty.

Relying on the reasoning of People v. Far West Ins. Co. (2001) 93 Cal.App.4th 791 [113 Cal.Rptr.2d 448] (Far West), the trial…