In Re Podesto

Opinion

TOBRINER, J.

In this case we must determine the criteria that trial and appellate courts in this state may properly consider in passing upon applications by convicted felons for release pending appeal of their convictions. Petitioner, relying on several distinct state and federal constitutional theories, contends that, except in capital cases, all such defendants are entitled to release pending appeal “as a matter of right.” As we shall explain, we find this contention untenable and conclude that, as provided by Penal Code section 1272, the decision to release a convicted felon pending…