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Name: In re McSherry
Case #: B169107
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/20/2003
Subsequent History: Rehrg. den. 11/20/03

Because of petitioner’s history of both abducting and exposing himself to minors, the trial court placed specific conditions on his bail pending appeal from his misdemeanor conviction for loitering about schools. The conditions were that he not drive a motor vehicle, stay away from minors under 17, and stay at least 500 yards away from schools, parks, playgrounds, daycare centers, or any swimming pool where children were present. Appellant was subsequently charged with violating the court order in that he did not stay away from parks and schools. Bail was exonerated and set at $1 million. In this habeas petition, McSherry challenged the authority of the court to impose the bail conditions. The appellate court here held that the trial court had the authority to impose reasonable bail condititions, but that they not only had to be reasonable, but related to public safety. The 500-yard restriction here was too great, and was unreasonable in that petitioner would violate the order as soon as he stepped out his front door. A 200-yard restriction would suffice to protect the public, and the order was therefore modified. The driving restriction was reasonable in that petitioner had used his car to abduct children in the past.