In re Vasquez CA5

Filed 6/17/22 In re Vasquez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re F083550

JORGE VASQUEZ, (Super. Ct. No. VCF413074)

On Habeas Corpus. OPINION THE COURT* ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Jennifer Conn Shirk, Judge. Koch, Degn & Gomez, Thomas W. Degn; Schweitzer & Davidian, Eric H. Schweitzer, Annie L. Davidian and James A. Vorhies for Petitioner. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Jeffrey D. Firestone, Deputy Attorneys General, for Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Peña, J.

This matter returns to this court following an order from the Supreme Court directing the issuance of an order to show cause. An order to show cause was thereafter issued on March 17, 2022. Following our review of the issues addressed by the parties, we remand this matter to the trial court to conduct a new bail hearing consistent with the requirements laid out in In re Humphrey (2021) 11 Cal.5th 135 (Humphrey) and In re White (2020) 9 Cal.5th 455 (White) before entering any new orders on the availability of bail or a release with or without conditions, pending trial. PROCEDURAL AND FACTUAL SUMMARY The charges in this case all involve sex crimes allegedly committed against two half brothers who defendant often watched while their parents ran errands. Most of the allegations involve the younger five-year-old brother.1 After the initial allegations came to light, the 11-year-old half brother told his grandmother defendant had also touched him inappropriately. On June 9, 2021, an amended complaint was filed charging defendant with nine counts of committing a lewd act upon a child (Pen. Code,2 § 288, subd. (a)); one count of committing oral copulation/sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b)); and one count of failing to register as a sex offender (§ 290, subd. (b)). Special allegations were also alleged under 10 of the counts. For counts 1 through 9, it was alleged defendant committed sex crimes with aggravated circumstances (§ 667.61, subds. (a) & (d)), was a habitual sex offender (§ 667.71), committed 2/3 strikes—four priors (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), committed a prior sex offense (§§ 667.51, subd. (a), 667.6, subd. (a)), suffered a prior serious felony conviction (§ 667, subd. (a)(1)), and engaged in substantial sexual conduct (except for