In re Harris

Good Law
Court of Appeal of CaliforniaNovember 29, 2021A162891California8,259 words

Opinion

Opinion

Fujisaki, J.

Filed 11/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re JOHN HARRIS JR., A162891 on Habeas Corpus. (San Mateo County Super. Ct. No. 21-NF-002568-A)

Petitioner John Harris Jr. filed this petition for writ of habeas corpus challenging the trial court’s decision denying him bail. He argues that (1) the court failed to comply with various standards articulated in In re Humphrey (2021) 11 Cal.5th 135 (Humphrey); (2) insufficient evidence supported the denial of bail under the standards articulated in Humphrey and article I, section 12, subdivision (b) of the California Constitution; and (3) the court abused its discretion in denying bail. He also requests attorney fees and costs pursuant to Code of Civil Procedure section 1021.5. We conclude a remand is necessary because the court erred in failing to set out reasons on the record why less restrictive alternatives to detention could not reasonably protect the government’s interests in public or victim safety, and in failing to include those reasons in the minutes.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner, now in his…

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