Opinion
S259489
02-26-2020
HOWARD (KENJI A.) ON H.C.
B301757 Second Appellate District, Div. 7
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division Seven, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Second Appellate District, Division Seven. That court is ordered to vacate its summary denial dated November 26, 2019, and is further ordered to issue an order to show cause, returnable before the Los Angeles 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 relief should not be granted based newly discovered evidence casting fundamental doubt on the prosecution's case. (See Pen. Code, § 1473, subds. (a) & (b); see, e.g., Petn. [B301757], Exhs. 1 & 34). The return is to be filed on or before March 27, 2020.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, and Kruger, JJ.