Bunker

DISCUSSION

Section 1270.2 states, “[w]hen a person is detained in custody on a criminal

charge prior to conviction for want of bail, that person is entitled to an automatic review

of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of

the offense. That review shall be held not later than five days from the time of the

original order fixing the amount of bail on the original accusatory pleading. The

defendant may waive this review.” (§ 1270.2.)

Here, respondent court set bail for the first time at petitioner’s arraignment, and

petitioner requested review of that decision. The plain language of the statute entitles

petitioner to a section 1270.2 hearing within five days without requiring a showing of

“change in circumstances,” and no brief has been filed to contradict this construction. As

such, petitioner’s request for relief is well taken.

3 All parties have been notified that we might act by issuing a peremptory writ in

the first instance. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

Petitioner’s right to relief is obvious, and no purpose would reasonably be served by

plenary consideration of this…