People v. Herrera

Defendant, who was arrested for driving under the influence and was in jail pending the payment of bond, petitioned the trial court to be released after the provisions of the Pre-Trial Fairness Act went into effect. The trial court denied the defendant’s petition, finding that she was a danger to the community and that no set of conditions could mitigate that danger. The appellate court vacated and remanded, concluding that it could not reach the merits of the defendant’s appeal based on the record on appeal and instructing the trial court to conduct a new detention hearing in which it discusses the potential alternatives to detention and whether they would be a viable option. (HOWSE and McBRIDE, concurring)