Remijio

Application for reduction of bail pending appeal. Remanded.

On May 25, 1967, defendant Remijio was found guilty of *13 having violated section 11500 of the Health and Safety Code. He filed a notice of appeal on June 22. Thereafter an application for a stay of execution or for bail on appeal was denied as to the stay but granted with respect to bail which was set in the sum of $25,000.

When the court set the amount of bail it had defendant’s probation report before it. It shows that he is a 24-year-old Spanish American, who had left school at the age of 16, who was married and the father of two children. His occupation is that of laborer and he earns, when he works, about $350 a month. His home is rented.

The superior court would have acted within its discretion in denying bail on appeal altogether. The trouble is that it did not, but instead set bail in an amount which appears to be quite out of the question as far as defendant’s financial ability is concerned.

This is only one of many cases which have come to the attention of this and other divisions of this court where it appears that instead of denying bail on appeal, the trial court sets the amount of bail so high that it…