California, United States of America
The following excerpt is from People v. North Beach Bonding Co., 111 Cal.Rptr. 757, 36 Cal.App.3d 663 (Cal. App. 1974):
In People v. United Bonding Ins. Co. (1971), 5 Cal.3d 898, 98 Cal.Rptr. 57, 489 P.2d 1385 the court ruled that the provisions of section 1305 of the Penal Code 6 require that the court must declare a forfeiture immediately [36 Cal.App.3d 669] when it appears that the defendant has failed to appear without sufficient excuse or the surety will be discharged. The court stated, 'Court minutes which fail to disclose that the court has expressly excused a nonappearance on a record which is silent as to a defendant's reasons therefor, will require a reviewing court to conclude that a nonappearance was without sufficient excuse and that the right to declare a forfeiture not having been exercised was foreclosed. An excused nonappearance, accordingly, should be expressly reflected in the minutes.' (5 Cal.3d at p. 907, 98 Cal.Rptr. at p. 62, 489 P.2d at p. 1390. See also People v. Surety Ins. Co. (1973), 34 Cal.App.2d 444, 447, 109 Cal.Rptr. 894.)
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