Rodden v. Superior Court
Petitioner Connie Ann Rodden seeks a writ of mandate to compel respondent superior court to grant her application for a certificate of probable cause in her pending criminal appeal. (C062053, consolidated with C062348).[1] After reviewing preliminary opposition and the appellate record, we informed the parties we were considering issuing a peremptory writ in the first instance. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.) We conclude that respondent superior court abused its discretion in denying petitioners application for a certificate of probable cause. We further conclude that petitioner did not knowingly and intelligently waive her right to appeal. Accordingly, Court shall order the issuance of a peremptory writ in the first instance.
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