In Re Alberto
California Court of Appeal
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…
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