People v. Ranger Insurance

California Court of Appeal Oct 6, 1993 No. B062286Published

Before: Woods (a.M.)

AI Brief

AI-generated · verify before citing

Holding. The court held that a trial court is not required to verbally declare a bail forfeiture in open court to satisfy jurisdictional requirements, provided the nonappearance is entered into the court minutes and the forfeiture is recorded therein.

Issues

Does Penal Code section 1305 require a trial judge to verbally declare a bail forfeiture in open court to establish jurisdiction?
Are minute orders recording a bail forfeiture sufficient to establish the forfeiture when the reporter's transcript is silent on the verbal declaration?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Ranger reads the phrase “thereupon be declared” to impose a jurisdictional requirement that the trial judge speak these words in open court, but the statute itself imposes no such requirement.”

“It is well settled that where the record is silent, the reviewing court does not presume error, but, in most instances, draws the opposite conclusion”

WOODS (A. M.), P. J.

This appeal is by Ranger Insurance Company (Ranger) from an order denying its motions to discharge the

[355]

forfeiture of two bail bonds which Ranger had posted on Andrea Gonzales and James Martinez, defendants in a criminal case.

On November 1, 1990, Andrea Gonzales, James Martinez and Fernando Valencia were charged in a criminal complaint with a violation of Health and Safety Code section 11352 (transportation or sale of a controlled substance). Ranger posted bail bonds for both Gonzales and Martinez. After several continuances, all the defendants were ordered to court to stand trial on May 20, 1991. Only defendant Valencia appeared.

The following colloquy occurred regarding the other two defendants:

“The Court: Where is James Martinez?

“Mr. Kajioka: I don’t know, Your Honor.

“The Court: Where is Andrea Gonzales?

“Mr. Hall: She apparently is not present. . . .

“The Court: Just have a seat in the back, Mr. Valencia, [f] I’ve already issued warrants for Martinez and Gonzales. Those are no bail warrants.’’

Though the court did not verbally declare a forfeiture of bail, on the minutes for May 20th, as to Gonzales, a box is checked near the printed words “Bail., If Posted, Forfeited[.]” Likewise as to Martinez, there is a handwritten notation “Bail forfeited." The notices of orders forfeiting bail were mailed to Ranger on May 29, 1991. Ranger filed motions to vacate forfeiture and exonerate bail. The basis of its motion was that, because the court did not declare the forfeiture in open court, as reflected in the reporter’s transcript for May 20th, it lost jurisdiction to declare the forfeiture. The motion was denied because the court concluded the reporter’s transcript did not accurately or fully represent the proceedings on May 20th. Ranger then filed a motion for reconsideration and attached the declarations of two bail agents who were present in court on May 20th at Ranger’s request because Ranger had received information that Gonzales and Martinez might not appear. Both agents declared that the court did not declare a

People v. Ranger Insurance

AI Brief

WOODS (A. M.), P. J.

More from California Court of Appeal

Related research

AI Brief