Opinion
A121228
4-25-2008
RONALD HOUFF, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.
NOT TO BE PUBLISHED
By the Court:
Petitioner, Ronald Houff, seeks a writ of prohibition restraining the Superior Court of the City and County of San Francisco from further proceedings in the instant case. The parties are familiar with the factual and procedural history of the case, and we need not reiterate it here in detail. (People v. Garcia (2002) 97 Cal.App.4th 847.)
Petitioner contends the superior court granted his motion under Penal Code section 995 to dismiss the information on April 15, 2008, but then improperly reconsidered and denied the motion on the following day after reading additional authority relevant to the motion. The People concede that the court made a final order when it granted petitioners motion on April 15, 2008, and that it had no authority subsequently to reconsider the motion in order to correct judicial error. (See Smith v. Superior Court (1981) 115 Cal.App.3d 285, 288-290.)
In requesting that we direct the superior court to vacate its order of April 16, 2008, in which it denied petitioners motion after reconsideration, the People implicitly waive oral argument and stipulate to the immediate issuance of the remittitur. We have also afforded all parties prior notice that we might issue our peremptory writ in the first instance. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180.)
Therefore, let a peremptory writ of prohibition issue restraining respondent the Superior Court of the City and County of San Francisco from taking any further action in case No. SCN-204260 other than dismissal, without prejudice to the Peoples right to appeal.
This opinion is final for all purposes immediately upon filing, and the clerk of this court shall forthwith issue the remittitur. The stay issued on April 17, 2008, is hereby dissolved. --------------- Notes: Before Marchiano, P.J., Stein, J., and Swager, J.