Ramirez

Introduction

This is an appeal from an order of the superior court denying a motion to vacate forfeiture and exonerate a bail bond which had been posted on behalf of the defendant in the principal criminal action, People v. Slaughter [Henry Wallace], Los Angeles Superior Court No. A311401.

The specific determinative issue presented is whether or not the superior court retains or loses jurisdiction to vacate a bail forfeiture and to exonerate a bond under Penal Code section 1305 (hereinafter section 1305) where the bonding company’s notice of motion to vacate the forfeiture was filed within 180 days following the mailing of bail forfeiture by the clerk of the court but the defendant was not actually surrendered or recaptured within the 180-day period. He was recaptured by the time of the hearing on the bonding company’s motion which was set after the 180 days and within the additional 30-day period for conducting the hearing allowed by the statute.

Factual and Procedural Background

On December 3, 1974, defendant Henry Wallace Straughter (hereinafter defendant) was charged by way of information with two counts of assault with a deadly weapon, a shotgun, in violation of…