People v. National Automobile & Casualty Insurance

This is an appeal by a surety from an order denying its motion to vacate the forfeiture of an appearance bond and to exonerate the bond. We affirm the order.

Appellant surety company issued an appearance bond for Siegmund Lee Wolff. When Wolff did not appear in court on July 6, 1973, the bond was declared forfeited and a bench warrant was ordered issued. On July 13, 1973, the clerk mailed his notice for forfeiture to the surety. 1 On January 8, 1974, the surety filed its motion to vacate the forfeiture. Under section 1305 of the Penal Code, the surety had 180 days after the date of mailing of the clerk’s notice within which to file its motion to vacate. The motion herein involved was filed on the 179th day and was timely.

*480 Subdivision (a) of section 1305 of the Penal Code reads, in pertinent part as follows: “If within 180 days after such entry in the minutes or mailing as the case may be, it is made to appear to the satisfaction of the court that the defendant is dead or is otherwise permanently unable to appear in court due to illness, insanity, or detention by civil or military authorities, and that the absence of the defendant was not with the connivance of the…