Opinion
S234366
07-13-2016
CARRILLO (RAYMOND) ON H.C.
C081488 Third Appellate District
Petition for review granted; transferred to Court of Appeal, Third Appellate District, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Third Appellate District. That court is ordered to vacate its summary denial dated April 28, 2016, and is further ordered to issue an order to show cause, returnable before the San Joaquin County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, when the matter is placed on calendar, why petitioner is not entitled to withdraw his guilty plea, as requested by petitioner in his reply filed in the Court of Appeal on April 15, 2016. The return is to be filed on or before August 12, 2016.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.