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T.W. v. Superior Court (The People)

California Court of Appeals, First District, First Division

April 21, 2015

T.W., Petitioner,
v.
THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent THE PEOPLE, Real Party in Interest.

Contra Costa County Super. Ct. No. J12-00850.

Page 647

[Copyrighted Material Omitted]

Page 648

COUNSEL

Robin Lipetzky, Public Defender, Jonathan Laba, Karen Moghtader, Assistant Public Defenders, and Ji Seon Song, Deputy Public Defender, for Petitioner.

Michael T. Risher and Micaela Davis for American Civil Liberties Union Foundation of Northern California as Amicus Curiae on behalf of Petitioner.

Lenore Anderson for Californians for Safety and Justice/Vote Safe as Amicus Curiae on behalf of Petitioner.

Michael Romano for Stanford Law School Three Strikes Project as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Kamala D. Harris, Attorney General, Gerald A. Engler and Jeffrey M. Laurence, Assistant Attorneys General, Eric D. Share and Huy R. Luong, Deputy Attorneys General, for Real Party in Interest.

OPINION

Margulies, Acting P.J.

In this mandamus proceeding, petitioner T.W. seeks a writ compelling respondent superior court to vacate its order denying his petition for modification, filed pursuant to Welfare and Institutions Code section 778, and under authority of Penal Code section 1170.18.[1] Our review of the parties’ briefs and the record lead us to conclude T.W. is entitled to writ relief. Thus, in accordance with our notification to the parties we might do so, we order issuance of a writ directing respondent court to vacate its order denying T.W.’s petition for recall of sentence. (Code Civ. Proc., § 1088; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 ...


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