Legal Opinion

In Re Alberto

California Court of Appeal

Decided September 30, 2002No. B158722PublishedCited by 40 opinions

1Opinion of the Court

Opinion

RUBIN, J.

After one judge sets bail for a criminal defendant awaiting trial, may another judge increase the bail solely because the second judge believes the first judge’s bail determination at the time was erroneous? We answer this question in the negative, and, therefore, grant the petition.

Factual and Procedural History

On August 20, 2001, a felony complaint was filed charging petitioner Wilmer Eduardo Alberto (and a codefendant who is not a party to this writ proceeding) with one count of first degree residential robbery. (Pen. Code, §§ 211, 212.5, subd. (a).) Bail was set at…

2Cases cited30 opinions

  1. Ghirardo v. AntonioliCalifornia Supreme Court · 1994
  2. Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
  3. Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
  4. People v. CastelloCalifornia Court of Appeal · 1998
  5. Williams v. Superior CourtCalifornia Supreme Court · 1939

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3Cited by40 opinions

  1. Gary Bradley v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
  2. People v. StandishCalifornia Supreme Court · 2006
  3. People v. RivaCalifornia Court of Appeal · 2003
  4. People v. SaezCalifornia Court of Appeal · 2015
  5. People v. KonowCalifornia Supreme Court · 2004

35 more not listed; retrieve them via the Exa API.

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