Opinion
S283259
02-28-2024
ANGUIANO (JOSE) ON H.C.
F087108 Fifth Appellate District
Petition for review granted; transferred to Court of Appeal, Fifth 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, Fifth Appellate District. That court is ordered to vacate its summary denial dated December 20, 2023, and is further ordered to issue an order to show cause, returnable before the Tulare County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, when the matter is placed on calendar, why petitioner is not entitled to the stay of the gang enhancement under Penal Code section 186.22, subdivision (b)(5), based on the language of Penal Code section 12022.53, subdivision (e)(2). (Cal. Rules of Court, rule 8.528(d); see pages 10-13 of the Attorney General's answer filed in this court on January 31, 2024.)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.