Gentry, Application of
| Decision Date | 13 August 1962 |
| Docket Number | Cr. 8433 |
| Citation | 206 Cal.App.2d 723,24 Cal.Rptr. 208 |
| Parties | Application of Robert Lee GENTRY For a Writ of Habeas Corpus. |
| Court | California Court of Appeals Court of Appeals |
Beardsley & Heap, Barstow, for petitioner.
William B. McKesson, Dist. Atty., Harry Wood, Deputy Dist. Atty., Harry B. Sondheim, Deputy Dist. Att., Attys. for the People of the State of California, real party in interest.
This is an application for a writ of habeas corpus seeking the release of petitioner on bail pending trial in the Superior Court on two charges of first degree burglary.
The petition shows that petitioner on June 29, 1962, was admitted to $525.00 bail by a judge of the Municipal Court upon being held to answer; a bond was posted and petitioner was released. On July 20, 1962, petitioner entered pleas of 'not guilty' and 'not guilty by reason of insanity'. The Superior Court, on its own motion, exonerated the bail and remanded the defendant to the custody of the Sheriff.
The petitioner then filed the present application for a writ and this court released him on bail in the sum of $1,000.00 plus 5% penalty pending a hearing. The answer to the writ admits all the above facts.
The answer further states that on the date petitioner was remanded to the custody of the Sheriff, the Superior Court appointed, pursuant to Penal Code, section 1027, two doctors to examine and report on defendant's sanity: (1) 'at the time of commission of offense', and (2) 'at the present time'.
The sole issue to be decided is: Does petitioner lose his right to be released on bail pending a trial because he has entered a plea of not guilty by reason of insanity?
Article I, section 6 of the California Constitution provides: 'All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. * * *' 'It will be observed that the people, who are sovereign, have seen fit to provide that with but one exception, to wit, where a person has been charged with a capital offense, all persons are entitled to bail as a matter of right.' (In re Keddy, 105 Cal.App.2d 215, 219, 233 P.2d 159.) A person charged with other than a capital offense is entitled to bail as a matter of right prior to conviction (Penal Code, § 1271) and that right is not affected by the fact that a plea of not guilty by reason of insanity has been entered (In re Westcott, 93 Cal.App. 575, 576, 270 P. 247, 248) un...
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Macidon, In re
...P. 373.) In like vein it has been recognized that the right to bail is not affected by reason of suggested insanity (In re Gentry (1962) 206 Cal.App.2d 723, 24 Cal.Rptr. 208; In re Westcott (1928) 93 Cal.App. 575-577, 270 P. 247), sexual psychopathy (In re Keddy (1951) 105 Cal.App.2d 215, 2......
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Underwood, In re
...to deny bail.' (Fn. omitted, italics added; see also Evans v. Municipal Court, 207 Cal.App.2d 633, 24 Cal.Rptr. 633; In re Gentry, 206 Cal.App.2d 723, 24 Cal.Rptr. 208; In re Keddy, 105 Cal.App.2d 215, 233 P.2d 159; In re Westcott, 93 Cal.App. 575, 270 P. 247; In re Henley, 18 Cal.App. 1, 1......
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Bean v. Los Angeles County
...233 P.2d 159 (convicted of misdemeanor, certified to superior court for hearing on question of sexual psychopathy); In re Gentry, 206 Cal.App.2d 723, 24 Cal.Rptr. 208 (charged with first degree burglary, pleas of not guilty and not guilty by reason of insanity entered); Evans v. Municipal C......
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Evans v. Municipal Court, Beverly Hills Judicial Dist.,Los Angeles County
...575, 576, 270 P. 247; In re Henley, 18 Cal.App. 1, 5, 121 P. 933; In re Keddy, 105 Cal.App.2d 215, 221, 233 P.2d 159; In re Gentry, 206 A.C.A. 816, 817, 24 Cal.Rptr. 208.) The appellant's condition of inebriation allowed the officer discretion in refusing to release appellant immediately on......