People v. Beverly Bail Bonds

Beverly Bail Bonds appeals from orders denying motions by it to vacate the forfeiture of two bail bonds. On January 18, 1980, the San Mateo County District Attorney filed an information charging Jimmy Lee Horner, Lem James Moore, and Antoinette Island (aka Theresa Allen, Toni Island, Cathy Chambers, and Theresa Island) with two counts of robbery (Pen. Code, § 211). A third count charged that Island acted as an accessory to robbery (Pen. Code, §§ 32, 211). The three defendants were released on bonds posted by Cotton Belt Insurance Company through John S. Beverly as attorney in fact.

The defendants, failed to appear for trial on April 7, 1980. Bail for all three was ordered forfeited and bench warrants were issued. Moore was soon arrested, and on motion by the surety the forfeiture was vacated and his bond exonerated. Further proceedings with respect to Moore have no bearing on the present appeal.

On September 29, 1980, the surety moved to vacate the Island and Horner forfeitures and to extend those bonds. Then on October 6, Beverly Bail Bonds, designating itself rather than Cotton Belt as the surety, made a separate motion for an extension of time to produce Horner and…