Filed 3/5/18 P. v. Young CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA


THE PEOPLE,

Plaintiff and Appellant,

v.

TORRANCE L. YOUNG,

Defendant and Respondent;

THE BAIL HOTLINE BAIL BONDS et al.,

Real Parties in Interest.
D073049

(San Diego County Super. Ct. No.
SCD269110)

APPEAL from a judgment of the Superior Court of San Diego County, Leo
Valentine, Jr., Judge. Appeal dismissed and matter remanded.
Bonnie M. Dumanis and Summer Stephan, District Attorneys, Richard E. Madruga, Mark A. Amador and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.
No appearance for Defendant and Respondent.
Matthew J. Singer for Real Parties in Interest.
The People appeal from the denial of their motion for reimbursement of costs under Penal Code section 1306, subdivision (b). The appellate division of the Superior Court of San Diego County transferred the matter to this court stating that the amount in controversy exceeded $25,000; thus, it lacked jurisdiction to hear this matter. (§ 1305.5.) We conclude that the matter was erroneously transferred and that we lack statutory jurisdiction to hear this appeal. Accordingly, the appeal is dismissed and the matter is remanded to the appellate division of the Superior Court of San Diego County.
FACTUAL AND PROCEDURAL BACKGROUND
In November 2016 defendant Torrance L. Young posted a $75,000 bail bond with respondent The Bail Hotline Bail Bonds (the Surety) and was released from custody with a future court date. After defendant failed to appear, the trial court ordered the bail bond forfeited and issued a no bail warrant for defendant's arrest. Later that month, the People received notice that defendant was in custody in Nevada and extradited defendant to San Diego for prosecution.
The People moved to recover $5,465.78 in costs expended to extradite the defendant. The trial court denied the motion and the People appealed to the appellate division of the superior court. The appellate division ordered the matter transferred to this court. We requested that the parties file supplemental letter briefs regarding whether jurisdiction in this matter lies in the appellate division of the superior court rather than in this court. The People timely responded to our request, the Surety did not timely file a supplemental brief.
DISCUSSION
" ' "There is no constitutional right to an appeal; the appellate procedure is entirely statutory and subject to complete legislative control." ' " (In re Marriage of Lafkas (2007) 153 Cal.App.4th 1429, 1432; see Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 696 ["A trial court's order is appealable when it is made so by statute."].)
The appellate division of the superior court transferred this matter to us under section 1305.5, which provides that this court has jurisdiction over appeals from a motion to vacate a bail forfeiture declared under section 1305 where the amount in controversy exceeds $25,000. The parties represented in their respective briefing that this appeal is from the denial of the People's motion for reimbursement of costs under section 1306, subdivision (b) and that the amount in controversy is less than $25,000. Our review of the record confirms that the People moved to recover $5,465.78 in costs expended extraditing defendant from Nevada under section 1306, subdivision (b). Because this matter is not an appeal from a motion to vacate a bail forfeiture declared under section 1305 where the amount in controversy exceeds $25,000, we lack statutory jurisdiction to decide it. (§ 1305.5.) The People agree that jurisdiction lies in the appellate division of the superior court. Accordingly, the appeal is dismissed and the matter is remanded to the appellate division of the Superior Court of San Diego County.
DISPOSITION
The appeal is dismissed and the matter is remanded to the appellate division of the Superior Court of San Diego County. The parties are to bear their own costs on appeal.



NARES, Acting P. J.

WE CONCUR:



O'ROURKE, J.



AARON, J.