Zarate
Zarate v. Superior Court CA3
Opinion
Opinion
Eurie, J.
BACKGROUND
In two complaints filed in 2021, Zarate was charged with two misdemeanors and an infraction. One complaint alleged two counts: trespassing, a misdemeanor under section 602, subdivision (m), and littering, an infraction under section 374.4, subdivision (a). The other complaint alleged one count of petty theft, a misdemeanor under sections 484, subdivision (a) and 488. Zarate pled not guilty to these charges. Following arraignment on these charges, the judge released him on his own recognizance. Zarate afterward participated in an unspecified “DA program.” Several years later, in a complaint filed in 2024, Zarate was charged with a felony—arson of another’s property under section 451, subdivision (d)—with two alleged circumstances in aggravation. Zarate pled not guilty. Following arraignment on this charge, the judge, sitting as a magistrate,2 revoked his release for the two 2021 cases and remanded him into custody. The magistrate also set a bail amount for each of the 2021 cases, set a bail amount for the arson case, and scheduled the preliminary hearing on the arson charge to take place 10 court days later. (See Correa v. Superior Court (2002) 27 Cal.4th 444, 452 [a…