Error and/or relief
This petition arises from a matter where the trial court denied bail on appeal without state reasons for the denial. The petition is granted, and the respondent court is ordered to provide a brief written statement of reasons to explain why the defendant’s requests for release pending appeal were denied.
Holding:
This petition arises from a matter where the trial court denied bail on appeal without state reasons for the denial. The petition is granted, and the respondent court is ordered to provide a brief written statement of reasons to explain why the defendant’s requests for release pending appeal were denied.
Authority:
PEN 1272.1
PEN 1272(c) [though referred to in 1272.1 as 1272(3)]
Trivia by Gary:
[Gary note: Section 1272.1 starts out with “Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered ….” In its final paragraph, it starts out with “In making its decision on whether to grant defendants’ motions for bail under subdivision (3) of Section 1272 ….” If you look at section 1272, however, there is no subdivision (3). Section 1272 does have subdivisions (a), (b), and (c). Here’s the explanation: Prior to January 1, 2024, section 1272 DID have subdivisions by number (1, 2, and 3). Effective that date, however, the section was amended in two respects. The substantive change was that it added the language I have bracketed here, which did not exist in previous versions: “After conviction of an offense not punishable with death [or life without the possibility of parole], … In other words, one sentenced to LWOP on or after that date can no longer apply for bail under section 1272 as of that date. The nonsubstantive change was the redesignation of the subdivisions as (a), (b), and (c) in place of the numbers. As of the present date, section 1272.1 has not been “cleaned up,” so to speak, to change its reference to the (a), (b), (c) designated subdivisions of section 1272. The substance of section 1272, subdivision 3 did not change when it was redesignated as subdivision (c). See? We learn something new every day!]