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Name: People v. Seneca Insurance Co.
Case #: S104487
Court: CA Supreme Court
District CalSup
Opinion Date: 02/03/2003
Subsequent History: None

The Supreme Court decides here that Penal Code section 1166, which governs release of a convicted defendant on bail pending sentencing, does not apply in a case of conviction by guilty plea. Here the defendant entered a guilty plea but continued his out-of-custody status on bail with an order to appear for sentencing; when he failed to appear, the court issued a bench warrant and forfeiture of the bail bond. The insurance company argued that forfeiture is not required because the court did not comply with section 1166. That section requires the trial court to remand the defendant to custody unless, after considering five factors, the court concludes the evidence supports a decision to release the defendant on bail. However, section 1166 clearly relates to convictions by verdict, not guilty pleas.