Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of mandate. John M. Tomberlin, Judge, Super. Ct. No. FVI800945
Beatrice Tillman, under appointment by the Court of Appeal, for Petitioner.
No appearance for Respondent.
Edmund G. Brown, Jr., Attorney General, and Gary W. Schons, Assistant Attorney General, for Real Party in Interest.
RICHLI, Acting P. J.
The court has read and considered the petition for writ of mandate and the informal response filed by the Attorney General. The Attorney General does not oppose the petition. We therefore issue a peremptory writ in the first instance. (Code Civ. Proc., § 1088; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178-179; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223, disapproved on another ground in Hassan v. Mercy American River Hospital (2003) 31 Cal.4th 709, 724, fn. 4.)
Petitioner raises an arguable issue on appeal so we must conclude that the trial court erred in denying his application for a certificate of probable cause. (See People v. Hayton (1979) 95 Cal.App.3d 413, 416, fn. 2.)
DISPOSITION
Let a peremptory writ of mandate issue directing the Superior Court of San Bernardino County to set aside its order denying petitioner’s application for a certificate of probable cause under Penal Code section 1237.5 and to issue a new order granting the application.
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.
We concur: McKINSTER, J., KING, J.