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Name: People v. Lexington Nat’l. Ins
Case #: B186945
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 02/22/2007

When bail is given, the defendant is considered to be in custody of the bail company and exoneration occurs only on termination of the proceedings which can occur when defendant is recommitted. Here, when defendant, who had bailed from custody, appeared for arraignment, the prosecution requested remand. Although the court directed appellant to remain in the courtroom so that the public defender could speak to him, he left. Lexington claimed that in effect the trial court had recommitted defendant but the appellate court found that the judge’s directive, “not to leave the courtroom” did not suffice as a recommitment and that forfeiture was not error when defendant subsequently failed to appear.