What is the test for determining whether a defendant was commanded to be present at a hearing?

California, United States of America


The following excerpt is from People v. Bankers Ins. Co., F078298 (Cal. App. 2020):

Surety argues at length that the principles applicable to establishing a sufficient excuse for failing to appear when lawfully ordered to do so should be applied to the analysis of whether a defendant was commanded to be present on a particular occasion. (See People v. United Bonding Ins. Co. (1971) 5 Cal.3d 898, 907 ["a defendant's failure to appear without explanation is presumptively without sufficient excuse"].) We reject these arguments and conclude the analysis set forth earlier in this opinion is the appropriate methodology for determining whether an ambiguous order commanded the

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defendant to be present at a particular hearing for purposes of section 1305, subdivision (a).3

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