DISCUSSION

Petitioner claims he is entitled to bail based on section 12. That section provides in relevant part: “A person shall be released on bail by sufficient sureties, except for: “(a) Capital crimes when the facts are evident or the presumption great; “(b) Felony 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

1 All further undesignated statutory references are to the Penal Code.

2 and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or “(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.” Petitioner does not fall within any of the exceptions set forth in section 12. Accordingly, we find he is entitled to bail consistent with the reasoning of the court in In re Kowalczyk (2022) 85 Cal.App.5th 667, review granted March 15, 2023, No. S277910, which holds that persons who do not fall within any of the exceptions set forth in section 12 are entitled to bail. (Id. at pp. 684-685.)

DISPOSITION

Having complied with the procedural requirements for issuance of a peremptory writ in the first instance, we are authorized to issue a peremptory writ forthwith and without oral argument. (See Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1243-1244; Palma v. U.S. Industrial Fasteners, Inc., supra, 36 Cal.3d at p. 178.) Let a peremptory writ of mandate issue: (1) directing San Joaquin County Superior Court vacate its March 3, 2023, ruling denying petitioner bail; and (2) hold a new bail hearing consistent with the procedures described in In re Humphrey (2021)

3 11 Cal.5th 135, which sets forth the relevant factors the court must consider in determining bail. (Id. at pp. 152-156.)

HULL, Acting P.J.

We concur:

RENNER, J.

EARL, J.

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