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PEOPLE v. NATIONAL AUTO. CAS. INS. CO.

No. B148171.

119 Cal.Rptr.2d 746 (2002)

98 Cal.App.4th 277

The PEOPLE, Plaintiff and Respondent, v. NATIONAL AUTOMOBILE AND CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

May 8, 2002.

Attorney(s) appearing for the Case

Nunez & Bernstein and E. Alan Nunez, Fresno, for Defendant and Appellant.

Lloyd W. Pellman, County Counsel, Louis V. Aguilar, Assistant County Counsel, and Lauren M. Black, Deputy County Counsel, for Plaintiff and Respondent.

JOHNSON, J.

A surety appeals from an order denying its motion to vacate forfeiture of a bond. The sole issue on appeal is whether the failure to declare the bond forfeited in open court as required by Penal Code section 1305, subdivision (a) exonerates the bond. We answer the question in the affirmative. Accordingly, we reverse the order and remand to the trial court with directions to vacate the forfeiture and exonerate the bond.

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