Adame v. Superior Court
In this matter, we have reviewed the petition and the response by the People conceding that the writ of mandate should be granted. In light of this concession, issuance of a peremptory writ in the first instance is appropriate. (Palma v. U. S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
Penal Code section 1405, subdivision (b)(1), requires that a court appoint an attorney to represent an indigent convicted person to prepare a motion for performance of deoxyribonucleic acid (DNA) testing. The appropriateness of filing a motion for DNA testing is not to be determined when the person requests the appointment of counsel. (In re Kinnamon (2005) 133 Cal.App.4th 316.)
Therefore, we must conclude that the superior court erred in denying petitioner's request for appointment of counsel.
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