Gray
Gray v. Superior Court
Opinion
Opinion
Parrilli, J.
As a condition of bail on pending criminal charges, the trial court prohibited Dr. Jeffrey Thomas Gray (Gray) from practicing medicine. The bail condition was requested by the Medical Board of California (Medical Board), which appeared without prior notice at Gray’s arraignment. We hold the bail condition is not unreasonable per se but that its imposition violated Gray’s procedural due process rights under the circumstances presented. We grant a writ of mandate directing the trial court to vacate its order.
Factual and Procedural Background
Gray is a licensed physician and surgeon, specializing in psychiatry. In a complaint filed May 12, 2004, Gray was charged with felony counts of unlawfully prescribing and possessing a controlled substance. (Health & Saf. Code, §§ 11153, subd. (a) & 11350, subd. (a).) The complaint also charges Gray with misdemeanor counts of possessing child pornography (Pen. Code, §311.11, subd. (a)), possessing a designated controlled substance (Health & Saf. Code, § 11375, subd. (b)(2)), and sexually exploiting a patient or former patient (Bus. & Prof. Code, § 729).
Gray entered a plea of not guilty at his arraignment on May 12, 2004. The trial…