Can defense counsel present a reasonable excuse for defendant's nonappearance at trial?

California, United States of America


The following excerpt is from People v. Amwest Surety Ins. Co., 56 Cal.App.4th 915, 66 Cal.Rptr.2d 29 (Cal. App. 1997):

Several older cases, as summarized in People v. Surety Ins. Co., supra, 165 Cal.App.3d at pages 29-30, 211 Cal.Rptr. 204, dealt with situations in which defense counsel was able to present the trial court with a sufficient basis to entertain a reasonable belief the defendants' nonappearance may have been with sufficient excuse:

"In People v. Wilshire Ins. Co. [1975] 53 Cal.App.3d [256,] 258-261 [125 Cal.Rptr. 529], although the court's minutes failed to reflect any reason for defendant's nonappearance, the reporter's transcript of the proceedings contained a statement by defense counsel that he believed defendant was appearing in another California jurisdiction on a criminal matter, and that counsel would attempt to have defendant present within the week. The appellate court held that defense counsel's statement to the court was sufficient to support the condition for a continuance set out in section 1305, subdivision (b).

[56 Cal.App.4th 925] "Again, in People v. Surety Ins. Co. [1976] 55 Cal.App.3d [197,] 199, 201 [127 Cal.Rptr. 451], defense counsel appeared and advised the court his client told him that he had sought medical treatment in a nearby city due to severe internal bleeding. It was held that upon such a representation, the court properly exercised its discretion under section 1305, subdivision (b), to postpone a declaration of forfeiture and grant a short continuance.

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