Holtsinger v. Super. Ct.
Filed 7/30/08 Holtsinger v. Super. Ct. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
MICHAEL HOLTSINGER, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. | E044593 (Super.Ct.Nos. MCR762 & SWHSS700075) OPINION |
ORIGINAL PROCEEDINGS; petition for writ of mandate. William Jefferson Powell IV, Judge. Petition granted.
Carl Fabian for Petitioner.
No appearance for Respondent.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Teresa Torreblanca, Deputy Attorney General, for Real Party in Interest.
Respondent having conceded that petitioner is entitled to relief, and in accordance with petitioners request that the matter be returned to the trial court as soon as possible, the alternative writ of mandate is recalled.
Let a peremptory writ of mandate issue, directing the Superior Court of San Bernardino County to vacate its order denying petitioners request for discovery pursuant to Penal Code section 1054.9, and to proceed to consider the request on its merits and in accordance with the statute.
Petitioner is directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
This order shall be final forthwith.
MILLER
Acting P. J.
We concur:
HOLLENHORST
J.
McKINSTER
J.
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