In Re Hernandez

Mary Loera Hernandez was convicted of three counts of violation of the Health and Safety Code and sentenced on December 13, 1990. A notice of appeal was filed the following day. Hernandez sought bail pending appeal which was denied. She now petitions this court arguing that the offenses of which she is convicted are not violent felonies under Penal Code section 667.5, subdivision (c) and thus she is entitled to bail. We disagree that one is a danger to the community only if convicted of a section 667.5, subdivision (c) violent felony and deny the requested relief.

Under section 1272, subdivision (3) the grant of bail in this case is a matter of discretion. Section 1272.1 sets out the criteria to be satisfied as follows:

In addition to satisfying these three criteria the judge must also set out a statement of reasons sufficient to permit appellate review. (§ 1272.1, subd. (c); In re Pipinos (1982) 33 Cal.3d 189 [ 187 Cal.Rptr. 730 , 654 P.2d 1257 , 28 A.L.R.4th 205 ]; In re Podesto (1976) 15 Cal.3d 921 [ 127 Cal.Rptr. 97 , 544 P.2d 1297 ].) Here the court stated:

Petitioner argues that under section 1272.1, subdivision (b) the court can find that she is a danger to the…