P. v. American Bail Bonds
Filed 8/16/06 P. v. American Bail Bonds CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. AMERICAN BAIL BONDS et al., Defendants and Appellants. | C050558
(Super. Ct. No. 01F09936)
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American Contractors Indemnity Company and American Bail Bonds (American), appeal from an order denying a motion to extend the forfeiture period for a bail bond. (Pen. Code, § 1305.4; unspecified section references that follow are to the Penal Code.) American contends the trial court (1) erred in finding its motion was untimely and (2) abused its discretion in concluding American failed to establish good cause for extending the forfeiture period. We agree and reverse.
Facts and Proceedings
American posted bond in the amount of $10,000 for the release of Sidney Chalhoub, defendant in the underlying matter. Defendant failed to appear in court on September 15, 2004, and the bail was declared forfeited. Notice of forfeiture was sent to American on October 8, 2004.
American had 185 days from the date notice of forfeiture was mailed to produce defendant or show he was otherwise in custody. (§ 1305.) This period is known as the â€