People v. Ranger Insurance

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), 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.

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 [sic] Magadan, [H] MS. Mattison: Chris Mattison for Mr. Magadan who is not present. [U] Ms. Dang: Yen Dang for the People. [10 Probation…