Case

This is a petition for a writ of mandate to compel the trial court to restore its order setting bail in the sum of $1,000.

*527 Chronology

i. March 29, 1956, petitioner was convicted of grand theft in the superior court.

ii. May 3, 1956, petitioner filed a notice of appeal from the judgment of conviction, and the trial court fixed bail on appeal in the sum of $5,000.

iii. January 8, 1957, the District Court of Appeal reversed the judgment of conviction.

iv. January 9, 1957, the trial court granted petitioner’s motion to reduce bail pending appeal to $1,000.

v. January 15, 1957, the trial court vacated its order reducing bail by a minute order stating that the action was taken “on the grounds of lack of jurisdiction.”

vi. March 5, 1957, this court granted a hearing after decision of the District Court of Appeal and transferred the cause here for further proceedings.

This is the sole question presented for our determination : Did the trial court have jurisdiction to make the order of January 9, 1957, reducing hail pending appeal to $1,000?

Yes. Section 1289 of the Penal Code reads, in part, as follows: “After a defendant has been admitted to bail upon an indictment or…