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Name: In re Alberto
Case #: B158722
Court: CA Court of Appeal
District 2 DCA
Division: 8
Citation: 102 Cal.App.4th 421

Where one judge set bail for appellant at $35,000, a second judge was without authority to reverse his order and set bail for 1 million based on the statutory schedule. The second judge could have held a hearing and entertained motions to increase bail upon a showing of good cause. Or, the prosecutor could have sought an extraordinary writ, if he believed that the first judge failed to make required findings or considered factors not permitted by law. But the case did not fall within either of two narrow lines of cases which appear to authorize one trial judge to reconsider an issue already decided by a colleague (i.e. where the judge is unavailable or the order was made through mistake or fraud.) Therefore, remand was required to conduct a bail hearing or set bail at $35,000.

Opinion Date: 09/25/2002