People v. Ranger Insurance

Opinion

COTTLE, P. J.

Defendant and appellant Ranger Insurance Company appeals after the trial court denied its motion to set aside a summary judgment on bail forfeiture and to exonerate bail. Ranger contends an amendment to Penal Code section 1305, subdivision (a),

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which requires a bail bond forfeiture to be declared in open court, must apply retroactively to the instant judgment, which was entered before the amendment came into effect. For the reasons stated below, we hold that the amendment only applies prospectively.

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Procedural History

On April 18, 1997, Ranger posted bail bond No. R50-10590508 for the release of defendant Edgardo C. Magadan from custody pending felony criminal proceedings against him.

On July 28, 1997, defendant Magadan pleaded guilty to the charges against him, and the case was continued to September 26, 1997, for sentencing. Magadan failed to appear for sentencing on September 26, 1997. The transcript of the proceeding in Magadan’s case for that date reads in its entirety as follows: “The Court: Line 20, People versus Edguardo

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Magadan, [H] MS. Mattison: Chris Mattison for Mr. Magadan who is not present. [U] Ms. Dang: Yen Dang for the People. [10 Probation Officer: James Manganello for probation. [10 The Court: The Court will issue a bench warrant. No bail. [10 (Whereupon proceedings in this matter were concluded.)”

On the date defendant failed to appear in court, i.e., on September 26, 1997,

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both Ranger and its bail agent were sent a notice of forfeiture, indicating that bail “was forfeited on September 26, 1997.”

On May 13, 1998, summary judgment was entered on the forfeiture; notice of entry of the summary judgment was sent on July 27, 1998.

On September 1, 1998, Ranger filed a motion to set aside the summary judgment on the basis the trial court failed to declare a bail forfeiture in open court, as required by an amendment to section 1305, subdivision (a), which would become effective January 1, 1999. In denying the motion on October 26, 1998, the trial court noted that the new law “does not become law until 1999.” Ranger appeals.