Utterback
Utterback v. Superior Court CA4/2
Opinion
Opinion
INTRODUCTION
Petitioner seeks a writ of habeas corpus compelling the superior court to order
petitioner’s release on bail. After reviewing the writ petition, this court construed the
filing as a petition for writ of mandate and invited respondent and real party in interest to
file a response. The People filed a response arguing the trial court’s lack of express
findings amount to technical errors and this court should interpret the trial court’s
findings as implied. We disagree, and therefore grant the petition and issue a peremptory
writ in the first instance directing the superior court to vacate its order setting petitioner’s
bail at “no bail” and hold a new hearing at which it considers petitioner’s motion for bail
reduction in a manner that is consistent with article I, section 12, subdivision (b), of the
California Constitution and this court’s decision in Yedinak v. Superior Court of
Riverside County (2023) 92 Cal.App.5th 876 (Yedinak).
FACTUAL AND PROCEDURAL HISTORY
Petitioner is a 19-year-old charged with murder stemming from a June 2023 traffic
collision in which one of her passengers died and two others were injured. Petitioner
drove several of her…