Does section 1305 of the Penal Code apply to the instant case?

California, United States of America


The following excerpt is from People v. Durbin, 413 P.2d 433, 50 Cal.Rptr. 657, 64 Cal.2d 474 (Cal. 1966):

It is clear that under section 1305 as it read prior to September 1963 the trial court could, in the exercise of its discretion, have denied relief in the present case. (People v. Wilcox, supra, 53 Cal.2d at p. 656, 2 Cal.rptr. 754, 349 P.2d 522.) The issue presented on this appeal is whether the 1963 amendment to Penal Code section 1305 applies to the instant case and now Requires the trial court to discharge the forfeiture of bail. 2

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