P. v. American Contractors Indemnity Co. CA5
American Contractors Indemnity Company (American), as surety on a bail bond that was posted for the release from custody of Carlos Gustavo Teran-Miranda (defendant), appeals from the trial court’s order denying its motion to vacate forfeiture of bail and to exonerate the bond. The motion was filed under Penal Code section 980, subdivision (b) (section 980(b)), on the ground that the failure to enter a bench warrant for defendant’s arrest into the National Crime Information Center (NCIC) database prevented defendant from being arrested and taken into custody. The trial court denied the motion on the ground that the required factual showing for obtaining relief under section 980(b) had not been made. American appeals from that ruling. We agree with the trial court’s conclusion that American failed to show sufficient factual grounds for relief under the statute, and accordingly, we affirm the order of the trial court.
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