IN RE ALBERTO

No. B158722.

125 Cal.Rptr.2d 526 (2002)

102 Cal.App.4th 421

In re Wilmer Eduardo ALBERTO, On Habeas Corpus.

Court of Appeals of California, Second District, Division Eight.

As Modified September 30, 2002.


Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Mary Burton and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

Steve Cooley, District Attorney, Patrick D. Moran and Matthew G. Monforton, Deputy District Attorneys, for Respondent.


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 co-defendant who is not...

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