In re Kowalczyk

Filed 11/21/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re GERALD JOHN A162977

KOWALCZYK

(San Mateo County on Habeas Corpus. Super. Ct. No. 21SF003700A)

Gerald John Kowalczyk filed a petition for writ of habeas corpus challenging the trial court’s decision denying him bail. We issued an order to show cause and later asked the parties to brief a number of issues, including whether pretrial detention is authorized outside of the circumstances specified in article I, section 12 of the California Constitution. We ultimately dismissed the habeas petition as moot on the motion of the People, the real party in interest, who informed us that petitioner had pled and been sentenced in the underlying criminal matter. The California Supreme Court granted review and transferred the matter back to this court with directions to vacate our dismissal order and to “issue an opinion that addresses which constitutional provision governs the denial of bail in noncapital cases—article I, section 12, subdivisions (b) and (c), or article I, section 28, subdivision (f)(3),…