Lindsey v. Superior Court
Filed 3/15/13 Lindsey v. Superior Court 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
MACIO L. LINDSEY,
Petitioner,
v.
THE SUPERIOR COURT OF
SAN BERNARDINO COUNTY,
Respondent;
THE PEOPLE,
Real
Party in Interest.
E057941
(Super.Ct.No.
SCR55919)
OPINION
ORIGINAL
PROCEEDINGS; petition for extraordinary
writ. R. Glenn Yabuno, Judge. Petition granted.
Macio
L. Lindsey, in pro. per., for Petitioner.
No
appearance for Respondent.
Michael
A. Ramos, District Attorney, and Cameron Page, Deputy District Attorney, for
Real Party in Interest.
INTRODUCTION
In
this matter we have reviewed the petition and offered real party the
opportunity to file opposition; real party agrees that petitioner is entitled
to relief. Accordingly, 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.)
DISCUSSION
Petitioner is
serving a life term and is therefore qualified to receive post-conviction
discovery pursuant to Penal Code section 1054.9. It is immaterial that he has not yet filed a
petition for habeas corpus; he may seek discovery in order to pursue the
possibility of such a petition. (
682.) We express no opinion on whether
petitioner’s delay in seeking relief will bear upon the proper disposition of
any habeas corpus petition. (See Catlin
v. Superior Court (2011) 51 Cal.4th 300.)
Accordingly, the
trial court’s stated basis for denying the request for discovery was in error,
and the request should have been considered on the merits.
DISPOSITION
Let a peremptory
writ of mandate issue directing the Superior
Court of San
Bernardino County
to vacate its order denying the request for post-conviction discovery and to
set the matter for duly noticed hearing.
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. In
the interests of justice and in
accordance with the People’s acquiescence, this order shall be final forthwith.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting
P. J.
We concur:
MILLER
J.
CODRINGTON
J.
