People v. TAYLOR BILLINGSLEA BAIL BONDS

Appellant Taylor Billingslea Bail Bonds appeals from the trial court’s denial of its motion under section 1305.4 of the Penal Code to extend the period within which forfeiture of a bond can be vacated or the bond exonerated after that period had already been extended more than 180 days. Appellant also contends that this court should apply a 1999 amendment to section 980 retroactively, and deem the bond exonerated for failure of the criminal defendant’s arrest warrant to appear in the National Criminal Information Center computer system (hereafter NCIC). We conclude that the trial court correctly construed section 1305.4 to preclude further extensions of time and that appellant failed to present sufficient evidence to the trial court to invoke the provisions of section 980. We, therefore, affirm.

Factual and Procedural History

On January 23, 1997, Amwest Surety Insurance Company executed bond No. X30-4-00066239 in the amount of $20,000 through its bail agent (appellant), for the release of criminal defendant Edimart Osegueda from custody.

On March 14, 1997, Osegueda failed to appear in court as lawfully ordered, and the trial court issued an order forfeiting bail.…