People v. American Surety Insurance
Opinion
Opinion
Turner, J.
I. Introduction
American Surety Insurance Company (American) appeals from an order denying a Penal Code section 1305.4 motion to extend the 180-day period to vacate a forfeiture of a bail bond. We conclude the trial court did not abuse its discretion in concluding insufficient notice of hearing of the request to vacate the forfeiture was given and the motion itself was untimely. We affirm.
II. Background
On May 31, 1997, American posted a $40,000 bail bond for the release of the defendant in the case of People v. Atkins (Super. Ct. L.A. County, No. BA150491). The defendant, who was charged with assault with a deadly weapon (§ 245, subd. (a)(1)), was ordered to appear on June 25, 1997. The defendant did not appear on June 25, 1997. However, the defendant’s public defender was present. The trial court issued a bench warrant, which was held until July 1, 1997. The court also ordered the bail to stand and continued the matter to July 1, 1997, for arraignment and plea. On July 1, 1997, defendant failed to appear and bail was ordered forfeited. On July 11, 1997, the clerk of the court mailed a notice of the forfeiture order to American and its agent, ACME Bail.