Opinion
S285449
08-14-2024
GARCIA, JR., (MARIO F.) ON H.C.
F087926 Fifth Appellate District
Petition for review granted; transferred to Court of Appeal, Fifth Appellate District
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 June 6, 2024, and is further ordered to reconsider, in light of In re Harris (2024) 16 Cal.5th 292, whether the superior court: erroneously presumed the truth of the criminal charges; ensured the evidence it considered was sufficiently reliable; or erroneously prevented petitioner from presenting information by proffer or otherwise. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.