People v. Accredited Sur. & Cas. Co.

Ross, J.*

When bail is forfeited because an out-of-custody defendant fails to appear, the surety is entitled to an automatic exoneration of bail by operation of law if the defendant appears within 185 days from the mailing of a notice of forfeiture. ( Pen. Code, § 1305, subds. (b)(1), (c)(1).)1 Here defendant appeared voluntarily to recall a bench warrant, but-when the case was continued to the afternoon session to secure the bail bondsman's attendance-he failed to appear that afternoon. The trial court did not treat the defendant's morning appearance as sufficient to exonerate the bail and…