In People v. Jones (Colo. 1994) 873 P.2d 36, the defendant was facing a minimum 24-year and one day sentence at the time the bond was posted based on pending drug charges.
The People, without notice to the surety, moved to file habitual criminal charges which carried a mandatory life sentence. (Ibid.)
In reversing the trial court's ruling refusing to exonerate the bond, the appellate court in Jones reasoned that the subsequent filing of the habitual criminal charges constituted a material increase in the risk on the bond. (Ibid.)