In Re Robinson

Good Law
16 Cal. App. 3d 539·1971 Cal. App. LEXIS 1610·94 Cal. Rptr. 148
Court of Appeal of CaliforniaApril 2, 1971Crim. 19887California441 words

Opinion

Opinion

Kingsley, J.

Petitioner was convicted in the Superior Court of Ventura County on six counts of a 21-count indictment charging him with violations of section 165 of the Penal Code and has been sentenced thereon. He has duly filed a notice of appeal from that conviction. He applied to the trial court for a stay of execution and for release on his own recognizance. The application was denied; he has renewed it here by the petition now before us.

The application was argued and considered at some length in the trial court. In denying the application, the trial court said: “I do not find and I do not believe that the present appeal is frivolous or vexatious. . . . Although I do not grant the motion for either a stay or bail pending appeal, if the motion were granted to stay the execution pending appeal, the facts and circumstances of this case are such that it would be proper to release the defendant upon his own recognizance without bail of any kind or a bail bond in any amount being required.”

Other matters, by way of petitions for writs to secure interlocutory review of some alleged trial errors, have previously been before this court. The trial court’s finding that the present appeal…

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