Felix v. Super. Ct.
Filed 12/10/08 Felix 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
JUAN FELIX, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. | E047027 (Super.Ct.No. INF057054) OPINION |
ORIGINAL PROCEEDINGS; petition for writ of mandate. Thomas N. Douglass, Jr., Judge. Petition granted.
Law Offices of John F. Schuck and John F. Schuck for Petitioner.
No appearance for Respondent.
Edmund G. Brown, Jr., Attorney General, and Gary W. Schons, Assistant Attorney General for Real Party in Interest.
In this matter we have reviewed the petition and the opposition thereto, which we conclude adequately address the issues raised by the petition. We have determined that resolution of the matter involves the application of settled principles of law, and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U. S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
It appears that the Superior Court of Riverside County may have denied the application for a certificate of probable cause on the assumption that petitioner was attempting to appeal from a nonappealable order. While the denial of the motion to withdraw the plea is not directly appealable, it can be reviewed on appeal from the judgment. Thus, the court was required to consider the application on its merits and to issue a certificate of probable cause if petitioner has presented any cognizable issue for appeal that is not clearly frivolous. (People v. Holland (1978) 23 Cal.3d 77, 84-85, disapproved on another point in People v. Mendez (1999) 19 Cal.4th 1084, 1097, fn. 7.)
DISPOSITION
Let a writ of mandate issue directing the Superior Court of Riverside County to reconsider petitioners application for a certificate of probable cause in light of our order.
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.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J.
We concur:
GAUT
J.
KING
J.
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