In Re Alberto

After one judge sets bail for a criminal defendant awaiting trial, may another judge increase the bail solely because the second judge believes the first judge’s bail determination at the time was erroneous? We answer this question in the negative, and, therefore, grant the petition.

Factual and Procedural History

On August 20, 2001, a felony complaint was filed charging petitioner Wilmer Eduardo Alberto (and a codefendant who is not a party to this writ proceeding) with one count of first degree residential robbery. (Pen. Code, §§ 211, 212.5, subd. (a).) Bail was set at $35,000. Alberto posted it and was released.

The preliminary hearing took place on October 17, 2001. The crime victim testified he was working as an attendant at a parking lot in downtown Los Angeles when Alberto and an accomplice drove into the lot. According to the attendant, Alberto got out of the car, put a gun to his neck, and demanded money. The attendant gave Alberto $1,800. However, Alberto’s accomplice (who was still in the car) told Alberto to shoot the attendant because the attendant was not giving up all the money. Alberto did not fire his weapon, but his accomplice did. The shot missed the…