PEOPLE v. LEXINGTON NATIONAL INS. CORP.

No. B211602.

181 Cal.App.4th 1485 (2010)

THE PEOPLE, Plaintiff and Respondent, v. LEXINGTON NATIONAL INSURANCE CORPORATION, Defendant and Appellant.

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

February 2, 2010.


Attorney(s) appearing for the Case

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

Ralph L. Rosato, Assistant County Counsel, and Melissa A. McCaverty, Deputy County Counsel, for Plaintiff and Respondent.


OPINION

BOREN, P. J.

Lexington National Insurance Corporation (Lexington), a surety, appeals the trial court's order denying its motion to vacate bail bond forfeiture and to reinstate and exonerate a bail bond. We reverse because the criminal defendant's custody in Virginia constituted a "temporary disability," within the meaning of Penal Code section 1305, subdivision (e),

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