People v. Ranger Insurance

After a forfeiture of bond due to a criminal defendant’s failure to appear in court, a surety received information concerning the probable whereabouts of the defendant, who apparently had fled to Mexico. However, the surety did not send an investigator to Mexico or make any other effort to confirm the information until after the expiration of the 180-day period to exonerate the forfeited bond, as found in Penal Code section 1305. After the expiration of the exoneration period and prior to the hearing on the surety’s motion to extend that period, the surety’s investigator located the defendant in Mexico. The trial court did not abuse its discretion in denying the motion to extend, based on the minimal efforts the surety demonstrated prior to the expiration of the exoneration period. The court properly declined to consider the supplemental information on the defendant’s whereabouts that was obtained only after the expiration of the exoneration period.

Having denied the motion to extend the exoneration period, the court properly denied the surety’s motion to vacate the forfeiture of bond. The events supporting the motion occurred only after the exoneration period had ended…