People v. Nishikawa

In People v. Nishikawa, 32 P.3d 630, 2001 Colo. J. C.A.R. 3868 (Colo. Ct. App. 2001), the court acknowledged that the addition of a new charge does expand surety's obligation beyond that explicitly assumed in the bond. The issue, however, is whether the new charge "materially increased the surety's risk of non-appearance by defendant." Id. at 631. The court found that the risk was not materially increased where an additional charge did not add the threat of either mandatory prison time, where previously there was none, or a substantial increase in the length of a mandatory minimum sentence. Id. at 632.