California Court of Appeal May 8, 2002, B148171 (People v. National Automobile & Casualty Insurance)

Opinion

JOHNSON, J.

A surety appeals from an order denying its motion to vacate forfeiture of a bond. The sole issue on appeal is whether the failure to declare the bond forfeited in open court as required by Penal Code section 1305, subdivision (a) exonerates the bond. We answer the question in the affirmative.