In Re Nordin

Petitioner, David Lewis Nordin, charged with two counts of soliciting murder, was denied bail under the provisions of article I, section 12, of the California Constitution. As amended by Proposition 4, June 8,1982, that section now reads as follows: “A person shall be released on bail by sufficient *541 sureties, except for: [f] (a) Capital crimes when the facts are evident or the presumption great; [f] (b) Felony offenses involving acts of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or [f] (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. [|] Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and…

I concur in the result discharging the order to show cause but would dismiss the petition solely on the grounds of mootness.

*547 On October 2, 1982, petitioner originally sought relief from this court in a petition for habeas corpus challenging the constitutionality of an order denying bail under the provisions of Proposition 4 approved by the voters at the June 1982 election (Cal. Const., art. I, § 12). The challenged order was based upon evidence adduced at the preliminary hearing in support of the then pending charge of violation of Penal Code section 653f, subdivision (b) (two counts of soliciting the crime of murder).

On November 9, 1982, we summarily denied the petition.

On December 9, 1982, acting upon petitioner’s renewed application for habeas relief, 1 our Supreme Court issued an order to show cause returnable before this court. The matter was heard and submitted for decision on this court’s February 1983 regular calendar.

On March 8, 1983, and during submission, the two counts of soliciting murder were ordered dismissed in conjunction with petitioner’s entry of a no-contest plea to a related drug charge. Accordingly, the matter before us is now procedurally…

Petitioner, David Lewis Nordin, charged with two counts of soliciting murder, was denied bail under the provisions of article I, section 12, of the California Constitution. As amended by Proposition 4, June 8, 1982, that section now reads as follows: "A person shall be released on bail by sufficient sureties, except for: [¶] (a) Capital crimes when the facts are evident or the presumption great; [¶] (b) Felony offenses involving acts of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others; or [¶] (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. [¶] Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the…