To be allowed out on bail however, the judge was reluctant to allow this to happen. For some reason he felt like this wasn’t allowed until he was provided the proof that Cherise had a right to stay of of jail pending the appeal process. Her attorney had to bring in this proof:
CA Penal Code 1272. After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:
2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.
If her attorney would not have provided this Penal Code, the judge was going to refuse the request & mandate Cherise to serving the 60 days in the County Jail.
This appeal is stemming from the Nightmare Experience Cherise Rogers experienced on April 6, 2007.