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Name: In re White
Case #: S248125
Court: CA Supreme Court
District CalSup
Opinion Date: 05/21/2020

Opinion By: Justice Cuéllar (joined by Chief Justice Cantil-Sakauye and Justices Chin, Corrigan, and Groban). Justice Kruger filed a concurring opinion, in which Justice Liu concurred.
When a trial court denies a request for bail under article I, section 12, subdivision (b) of the California Constitution, the appellate court applies the substantial evidence test when reviewing a trial court's finding that an arrestee's release would likely result in great bodily harm to others. White was accused of aiding and abetting an attempted kidnapping and assault with intent to commit rape on a minor. The trial court denied…

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Name: People v. Byron
Case #: B262956
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/22/2016

Requirement of formal arraignment in the superior court within 10 days of arrest for parole violations does not also apply to postrelease community supervision (PRCS) violations. Two days after Byron's arrest for her tenth PRCS violation, a hearing officer (not the superior court) advised Byron of the PRCS violation charges (testing positive for methamphetamine) and that there was probable cause for her arrest. A petition to revoke PRCS was filed in the superior court and Byron appeared in court with counsel 13 days after her arrest. The trial court ultimately found she violated her PRCS terms and ordered her to…

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Name: People v. Safety National Causalty Corp.
Case #: S218712
Court: CA Supreme Court
District CalSup
Opinion Date: 02/01/2016

Trial court properly ordered bail forfeited where defendant was absent from a pretrial proceeding without executing a written waiver of his right to be personally present, as required by former Penal Code section 977, subdivision (b)(1). Bent was charged with felony drunk driving and released on bail after Safety National posted a $25,000 bail bond. Bent did not appear in person at a pretrial hearing. The trial court ordered the bail forfeited, and also denied Safety National's subsequent motion to vacate the bail forfeiture. Safety National appealed, arguing that the pretrial hearing at which Bent did not appear was not…

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Name: People v. Carroll
Case #: C067395
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/15/2014

A written "own recognizance" (OR) release agreement that contains all the terms that are pertinent to a defendant's failure to appear (Pen. Code, § 1320) prosecution substantially complies with Penal Code section 1318. On two separate occasions, defendant was arrested for a felony and released from jail on OR after she signed a release agreement. She then failed to appear both times. A jury convicted her of two counts of failure to appear on a felony (Pen. Code, § 1320, subd. (b)). On appeal, she argued that there was insufficient evidence to support her conviction because her OR release agreements…

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Name: In re Carillo
Case #: B247837
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 09/10/2013

Trial court may not increase bail from $90,000 to $1 million based solely on confidential information provided by the prosecution without independently analyzing its reliability, and without disclosing the essence of the information to the defendant. Carillo was charged with assault with a deadly weapon with allegations that the offense was committed to benefit a street gang. The trial court released him on $90,000 bail. Shortly before a pretrial conference, the prosecutor requested an ex parte in camera hearing, at which the trial court raised Carillo's bail to $1 million, in the absence of Carillo or his counsel. Carillo was…

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Name: People v. Lexington Nat’l. Ins
Case #: B186945
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 02/22/2007

When bail is given, the defendant is considered to be in custody of the bail company and exoneration occurs only on termination of the proceedings which can occur when defendant is recommitted. Here, when defendant, who had bailed from custody, appeared for arraignment, the prosecution requested remand. Although the court directed appellant to remain in the courtroom so that the public defender could speak to him, he left. Lexington claimed that in effect the trial court had recommitted defendant but the appellate court found that the judge's directive, "not to leave the courtroom" did not suffice as…

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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

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…

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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. …

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Name: People v. Ranger Insurance Co
Case #: B160168
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/19/2003
Subsequent History: Rhrg. den. 6/12/03

A surety appealed form an order denying its motion to vacate a bail forfeiture and to exonerate a bond, arguing that the court lost jurisdiction to declare the bond forfeited when it didn’t do so on the defendant’s initial failure to appear. The appellate court affirmed, holding that the trial court retained the jurisdiction after the initial nonappearance. The record showed that the trial court had a rational basis to believe that there may have been a reason for the nonappearance and therefore reason to continue to the next day without declaring a forfeiture of the bond. …

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Name: People v. Seneca Insurance Co.
Case #: S104487
Court: CA Supreme Court
District CalSup
Opinion Date: 02/03/2003
Subsequent History: None

The Supreme Court decides here that Penal Code section 1166, which governs release of a convicted defendant on bail pending sentencing, does not apply in a case of conviction by guilty plea. Here the defendant entered a guilty plea but continued his out-of-custody status on bail with an order to appear for sentencing; when he failed to appear, the court issued a bench warrant and forfeiture of the bail bond. The insurance company argued that forfeiture is not required because the court did not comply with section 1166. That section requires the trial court to remand the…

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