People v. Financial Casualty & Surety
Annotate this CaseJuan Carlos Argulo failed to appear in court after Financial Casualty authorized its agent to issue a $100,000 bail bond guaranteeing Angulo's court appearances. The trial court issued a "no bail" warrant for Argulo's arrest, stated on the record that the bond was forfeited and mailed a copy of its forfeiture order to Financial Casualty and its agent, and gave Financial Casualty 185 days to locate Angulo and produce him in court. An investigator for Financial Casualty and an officer of the Fugitive Recovery Unit of the Baja California Mexico State Police found Argulo in Mexico but let him go. Financial Casualty subsequently filed a motion seeking to vacate the bond's forfeiture and exonerate the bond, and alternatively seeking time to provide a photograph or fingerprints. The trial court denied relief. The court held that a surety is not entitled to vacatur of a bond's forfeiture under Penal Code 1305, subdivision (g) when the prosecuting agency has not yet elected not to seek extradition, even if the agency's refusal to elect is based upon its requirement that the surety provide a defendant's fingerprints or photograph in addition to the sworn affidavit positively identifying the defendant otherwise required by subdivision (g). Therefore, the court affirmed the trial court's denial of the motion to vacate. The court also affirmed the trial court's denial of the motion for extension of time because there was no good cause to grant a further delay.
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