In Re Hernandez

Opinion

TODD, J.

Mary Loera Hernandez was convicted of three counts of violation of the Health and Safety Code

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and sentenced on December 13, 1990. A notice of appeal was filed the following day. Hernandez sought bail pending appeal which was denied. She now petitions this court

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arguing that the offenses of which she is convicted are not violent felonies under Penal Code

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section 667.5, subdivision (c) and thus she is entitled to bail. We disagree that one is a danger to the community only if convicted of a section 667.5, subdivision (c) violent felony and deny the requested relief.

[1262]

Under section 1272, subdivision (3) the grant of bail in this case is a matter of discretion. Section 1272.1 sets out the criteria to be satisfied as follows:

“Release on bail . . . shall be ordered by the court if the defendant demonstrates all the following:

“(a) By clear and convincing evidence, the defendant is not likely to flee

“(b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community.

“Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5.

“(c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal. . . .”

In addition to satisfying these three criteria the judge must also set out a statement of reasons sufficient to permit appellate review. (§ 1272.1, subd. (c);

In re Pipinos