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 issue. (Lewis v. Superior Court (1999) 19 Cal.4th 1232,

1241.)

DISPOSITION

Let a peremptory writ of mandate issue, directing respondent superior court to

vacate the magistrate’s January 15, 2025 pretrial detention order as to petitioner, and to

conduct a new bail hearing pursuant to Penal Code section 1270.2 forthwith, applying the

standard of review set forth in this opinion. The decision is final immediately in this

court. (Cal. Rules of Court, rule 8.490(b)(2)(A).)

MENETREZ

J. We concur:

MCKINSTER

Acting P. J.

MILLER

J.

4 Filed 2/14/25

CERTIFIED FOR PUBLICATION

COURT OF APPEAL -- STATE OF CALIFORNIA

FOURTH DISTRICT

DIVISION TWO

ORDER

KRISTOPHER BUNKER, E085394

Petitioner, v. (Super.Ct.No. FWV25000124)

THE SUPERIOR COURT OF SAN BERNARDINO

COUNTY, The County of San Bernardino Respondent;

THE PEOPLE,

Real Party in Interest. _______________________________________

THE COURT

We GRANT the request for publication of the opinion filed on January 24, 2025. The opinion meets the standard for publication as specified in California Rules of Court, rule 8.1105(c). It is ORDERED that the opinion filed in this matter on January 24, 2025, be certified for publication.

MENETREZ

J.

We concur:

McKINSTER Acting P. J.

MILLER

J.

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