Opinion
S256165
07-10-2019
CABRERA (MIGUEL) ON H.C.
C088611 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 May 30, 2019, and is further ordered to issue an order to show cause, returnable before the Siskiyou 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 dismissal of the great bodily injury finding and the resulting five-year serious felony enhancement (see Pen. Code, § 667, subd. (a)(1)), based on his claim of ineffective assistance of appellate counsel. (See Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542 U.S. 296; Cunningham v. California (2007) 549 U.S. 270.)
Kruger, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Groban, JJ.