People v. Lexington National Insurance

Opinion

ALDRICH, J.

INTRODUCTION

Appellant and surety Lexington National Insurance Company (Lexington) appeals from an order that denied its motion to vacate a summary judgment entered on a forfeiture of a bail bond which it had provided for criminal defendant Julio Dueñas (Dueñas). Lexington contends the trial court erred because the bail was exonerated when Dueñas was placed “in custody” by an order of the court. We conclude that Dueñas was not “in custody” and the bail was not exonerated. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual background.

Dueñas was charged with being…