People v. Frontier Pacific Ins. Co

In People v. Frontier Pacific Ins. Co. (1998) 63 Cal. App. 4th 889, "sufficient excuse" for the defendant's nonappearance was apparently discussed in chambers. However, the trial court failed to articulate its findings of sufficient excuse on the record. Nothing in either the reporter's transcript or the minutes supplied any evidence of sufficient excuse for the defendant's failure to appear. The appellate court found the court's failure to make a record deprived the court of jurisdiction to declare a forfeiture at a later date, despite its probable initial finding of sufficient excuse. "The district attorney's belated explanation for a silent record does not alter our view. Even if we take the deputy district attorney's declaration as something more than mere speculation, the declaration fails to explain why the court did not merely state, either on the record or in the minutes, that as a result of an in camera conference, it had reason to believe that sufficient excuse existed for the defendant's failure to appear." Accordingly, the court held where the record of the actual proceedings fails to disclose the court found sufficient excuse for the defendant's nonappearance, the court loses jurisdiction to later declare a forfeiture of bail. (People v. Frontier Pacific Ins. Co., supra, 63 Cal. App. 4th 889, 891.)