WOODLAND, Calif. – During a Friday arraignment in Yolo County Superior Court, Judge David Rosenberg denied Deputy Public Defender Danielle Craig’s request to release the accused on Supervised Own Recognizance (SOR), citing recent changes to Proposition 36.
Craig argued the accused was being charged at the felony level for what amounted to petty theft involving less than $950. She said the accused should be released under supervision rather than remain in custody with a $10,000 bail bond.
Previously, on Oct. 2, the Deputy District Attorney (DDA) had filed a motion for release on SOR at the preliminary hearing, which Judge Paul K. Richardson denied.
“I frankly don’t know why that hasn’t happened yet,” Craig said, referring to the court’s refusal to grant SOR release.
She emphasized that the accused was an “active member of the community,” had family support, and was being “charged at an elevated scale” for a low-level theft offense.
Judge Rosenberg asked, “What are the different circumstances? What is different today than yesterday?”
Craig urged the court to reconsider “in the interest of justice,” pointing out that the accused had already spent two additional weeks in custody for petty theft charges that were elevated to felonies only because of prior convictions.
“Only because of state law,” Rosenberg replied, referencing changes to Proposition 36, which now allow thefts under $950 to be charged as felonies if the person has two or more prior convictions for certain theft offenses.
Deputy District Attorney Ashley Harvey noted that Department One had previously denied release on Own Recognizance (OR) and set bail, finding that the accused was “a danger to himself and others.”
Harvey argued there were no new circumstances that would justify release, adding, “This is felony conduct, based on the law.”
Ultimately, Judge Rosenberg denied the SOR request, stating there was no reasonable change in circumstances even though the underlying offense was petty theft.
A trial readiness conference is scheduled for Nov. 12 at 9 a.m.
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