Ruling by
Marla J. MillerLower Court
San Mateo County Superior CourtLower Court Judge
Donald AyoobTrial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates.
Court
California Courts of Appeal 1DCA/2Cite as
2019 DJDAR 11673Published
Dec. 17, 2019Filing Date
Dec. 13, 2019Opinion Type
ModificationDisposition Type
Vacated (in whole or part)TROY ADAM ASHMUS,
Petitioner,
v.
THE SUPERIOR COURT OF SAN MATEO COUNTY,
Respondent;
THE PEOPLE,
Real Party in Interest.
No. A158011
(San Mateo County
Super. Ct. No. SC015661A)
California Courts of Appeal
First Appellate District
Division Two
Filed December 13, 2019
Trial Judge: Hon. Donald J. Ayoob
Habeas Corpus Resource Center, Susan Garvey, Ann L. Kim, Natalie Link, for Petitioner.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Ronald S. Matthias, Assistant Attorney General, Holly D. Wilkens, Sarah J. Farhat and Alice B. Lustre, Deputy Attorneys General, for Real Party in Interest.
BY THE COURT:
It is ordered that the opinion filed herein on December 4, 2019, be modified as follows:
In the second sentence of the first paragraph on page 11, "Ashmus asserts" should be changed to "Ashmus contends."
This modification does not change the judgment.
Dated:___________________
Kline, P.J.
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