People v. Allegheny Casualty Co.

Opinion

GEORGE, C. J.

Penal Code section 1305, subdivision (a) (section 1305(a)), 1 requires that a forfeiture of bail be declared “in open court.” In this case the trial judge ordered forfeiture, but the record does not affirmatively establish whether this declaration did, or did not, occur in open court. We granted review to address in this setting the propriety of a trial court’s subsequent order denying the bail surety’s motion to set aside the forfeiture and to exonerate the bond.

We conclude as follows: Although the circumstance that a trial court has declared a bail forfeiture is a matter…