In re Avilas on Habeas Corpus CA4/2

California Court of Appeal Jul 1, 2025 No. E085413Unpublished

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Holding. The court denied the petition for writ of habeas corpus as moot because the petitioner had entered a plea of no contest and been sentenced, rendering his challenge to pretrial bail ineffective.

Issues

Whether a petition for writ of habeas corpus challenging pretrial bail is rendered moot by the petitioner's subsequent plea and sentencing.
Whether the court should exercise its discretion to review a moot issue involving pretrial bail under exceptions for public interest or recurring controversy.

Disposition. denied as moot

Quotations verified verbatim against the opinion

“Avilas subsequently entered a plea of no contest and has been sentenced. We consequently deny the petition as moot.”

“Avilas’s pretrial detention is “over, and there is no longer any effective relief this court can provide.””

“The petition for writ of habeas corpus is denied as moot.”

Filed 7/1/25 In re Avilas on Habeas Corpus CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re JULIAN AVILAS

on Habeas Corpus. E085413

(Super.Ct.No. FSB24004087)

OPINION

ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Rafael A.

Arreola, Judge. Petition denied.

Civil Rights Corps, Carson White, Katherine Hubbard, and Salil Dudani for

Petitioner.

Jason Anderson, District Attorney (San Bernardino), and Brent J. Schultze,

Deputy District Attorney on behalf of Respondent.

In this habeas corpus proceeding, petitioner Julian Avilas challenged the superior

court’s setting of bail. We issued a tentative opinion in which we indicated that we were

inclined to grant the petition. Avilas subsequently entered a plea of no contest and has

been sentenced. We consequently deny the petition as moot.

BACKGROUND

Avilas was arrested in early November 2024. Two days later, the San Bernardino

County District Attorney filed a felony complaint charging Avilas with numerous felony

In re Avilas on Habeas Corpus CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

OPINION

BACKGROUND

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MENETREZ J.

MILLER J.

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