In re White

*21 Petitioner Christopher Lee White is in custody awaiting trial on charges of attempted kidnapping with intent to commit rape ( Pen. Code, § 209, subd. (b) ), 1 assault with intent to commit rape (§ 220, subd. (a)(1) ), contact with a minor with intent to commit a sexual offense (§ 288.3, subd. (a) ), and false imprisonment (§§ 236, 237, subd. (a) ). At his preliminary hearing, White requested release on reasonable bail.

The California Constitution provides that a defendant "shall be released on bail by sufficient sureties" unless an exception applies. ( Cal. Const., art. I, § 12.) One such exception covers "[f]elony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others." ( Id. , art. I, § 12, subd. (b).) The trial court here recognized that it is "unusual" to deny bail for a noncapital offense, but it nonetheless found that the exception applied.

White challenges the court's finding by petition for writ of…