Utterback

Utterback v. Superior Court CA4/2

Good Law
Court of Appeal of CaliforniaFebruary 23, 2024E083216California1,519 words

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…

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