In Re Bright

Petitioner Wilbert Cadell Bright (Bright) seeks writ review of an order of the trial court denying Bright pretrial bail in a pending prosecution for murder with special circumstances, specifically, murder committed during the commission of a robbery. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(i).) Although the People do not seek the death penalty, the trial court denied bail on the ground the case remained a capital case for the purpose of setting bail.

On October 21, 1992, this court issued an order to show cause in response to Bright’s application for writ of habeas corpus challenging the trial court’s denial of bail.

For the reasons set out below we conclude that regardless of whether the People actually seek the death penalty, bail properly may be denied whenever the accused is charged with an offense statutorily punishable by death and the “facts are evident or the presumption [of guilt is] great.” (Cal. Const., art. I, § 12, subd. (a).)

The petition for writ of habeas corpus is denied.

Factual and Procedural Background

On May 11, 1992, the People filed an information against Bright alleging, inter alia, he had committed murder during the commission of a robbery…