Acosta

INTRODUCTION

Petitioner filed a petition for writ of habeas corpus to compel his release without

bail pending based on the trial court’s failure to satisfy the standard required by the

California Supreme Court as articulated in In re Humphrey (2021) 11 Cal.5th 135, 152-

154 (Humphrey II). This court construed the filing as a petition for writ of mandate1 and

invited respondent and real party in interest to respond. The People filed a response

arguing this court should interpret the trial court’s findings as implied and deny the

petition. 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

$30,000 in case No. FSB23002726 and $30,000 in case No. FSB23004353 and hold a

new hearing at which it considers petitioner’s motion for bail reduction in a manner that

is consistent with Humphrey II.

FACTUAL AND PROCEDURAL HISTORY

On August 13, 2023, petitioner was arrested for being a felon in possession of a

firearm. He was arraigned two days later, and his bail was initially set at $30,000. On

August 22, 2023, the court held a bail hearing and released…