Moore

Moore v. Superior Court CA3

Good Law
Court of Appeal of CaliforniaMay 23, 2024C100703California364 words

Opinion

Opinion

DISCUSSION

Petitioner claims she is entitled to bail based on section 12. Section 12 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 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.”

2 Petitioner does not fall within any of the exceptions set forth in section 12. Accordingly, we find she 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, S277910, which holds that persons who do not fall…

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