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Name: In re Annis
Case #: B180960
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/01/2005
Summary

A trial judge has the authority to revoke an arraigning magistrate’s order granting a defendant a release on his own recognizance. While the law limits a judge’s authority to alter orders made by other judges, including arraigning magistrates, the order in this case was proper because the reviewing judge considered relevant circumstances in making his decision, including the fact that the defendant had now been held to answer. Since the trial court’s hearing was substantial, occurred after a change in circumstances, and included an opportunity for defense counsel to present a motion to set bail, the Court of Appeal found that the superior court complied with section 1289 and did not abuse its discretion respecting revocation of defendant’s OR status.