PEOPLE v. AMERICAN CONTRACTORS INDEM. CO.

No. S120474.

16 Cal.Rptr.3d 76 (2004)

93 P.3d 1020

33 Cal.4th 653

The PEOPLE, Plaintiff and Respondent, v. AMERICAN CONTRACTORS INDEMNITY CO., Defendant and Appellant.

Supreme Court of California.

July 22, 2004.


Attorney(s) appearing for the Case

Nunez & Bernstein and E. Alan Nunez, Fresno, for Defendant and Appellant.

Benjamin P. de Mayo, County Counsel, and Wendy J. Phillips, Deputy County Counsel, for Plaintiff and Respondent.

Jennifer B. Henning, Sacramento, and Doraine F. Meyer, Los Angeles, for California State Association of Counties as Amicus Curiae on behalf of Plaintiff and Respondent.


BROWN, J.

When a person for whom a bail bond has been posted fails without sufficient excuse to appear as required, the trial court must declare a forfeiture of the bond. (Pen. Code, § 1305, subd. (a).)1 The surety that posted the bond then has a statutory "appearance" period in which either to produce the accused in court and have the forfeiture set aside, or to demonstrate other circumstances...

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