A petition for resentencing will be heard Monday in Solano County Superior Court for a mother of newborn twins who was denied bail July 28 after being convicted of fraud.
Patricia Anne McCleese, 33, who left the courtroom in tears after the denial, will face Judge Carlos R. Gutierrez in a bid to convince the judge to “recall” her jail sentence of two years and eight months.
Chief Deputy Public Defender Oscar Bobrow said after the July 28 hearing that an appellate court might be interested in the bail denial “given the gravity of the impact on the children who were just born.”
Bobrow added that in his 40-year legal career he had “not seen a judge be this heartless” and the denial of bail “seems unduly harsh.” Gutierrez responded by pointing out Bobrow has never been a judge.
Guiterrez was requested by Division 5 of the First Appellate District to file a response granting or denying McCleese’s request to be released on her own recognizance with bail, pending appeal. The judge must respond to the appellate court by Wednesday and also inform the court “on the custodial status of the infant twins.”
Bobrow, who said the twins are living with their father in Dixon, called the jail term for McCleese “insane” and added Solano County Probational officials recommended probation.
McCleese was found guilty April 7 of three felonies – one for possessing a blank check not her own and two for using an ID with intent to defraud. Bobrow said it has never been alleged that McCleese profited by her actions or caused “loss to any victim.”
Deputy District Attorney Christine De Leo argued against the bail request by noting McCleese was in possession of checkbooks, checks, pieces of mail and packages with names on them other than hers or her co-defendant’s, Brandon Allen Hite, when she was arrested at a Dixon hotel in 2021.De Leo added investigators also found U.S. Postal Service keys.
De Leo finished by pointing out convicted felons have no right to bail pending appeal and trial courts have discretion to deny bail pending appeal.
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