In re Avignone

*197 Petitioner William Avignone is in custody awaiting trial on charges of multiple counts of grand theft of personal property ( Pen. Code, 1 § 487, subd. (a); counts 1, 3, *746 5, 7, 9) and fraud in connection with the offer, purchase, or sale of security ( Corp. Code, §§ 25401, 25540, subd. (b) ; counts 2, 4, 6, 8, 10). 2 Before December 2017, he had been out on bail for four years. During that time, he made all court appearances and did not engage in criminal activity.

As part of a plea deal, Avignone pled guilty to three counts of fraud and two counts of grand theft while the prosecution dismissed the remaining counts. The trial court sentenced him to five years four months to be served in the custody of the sheriff. Avignone appealed the sentence, arguing, among other things, the court abused its discretion in denying probation. This court rejected that contention, but allowed Avignone to withdraw his guilty plea. He did so, and the superior court held a bail review hearing. After multiple hearings, including a request for the court to reconsider its order following In re Humphrey (2018) 19 Cal.App.5th 1006 , review granted May 23, 2018, S247278 ( Humphrey ), the court…