Opinion
S286299
09-18-2024
MUNOZ (OSCAR ALONZO) ON H.C.
C101535 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 July 26, 2024, and is further ordered to issue an order to show cause, returnable before that court. (Cal. Rules of Court, rule 8.528(d).) The San Joaquin County Sheriff is to be ordered to show cause why petitioner is not entitled to relief on the grounds that, at the detention hearings held on June 26 and July 2, 2024, the San Joaquin County Superior Court failed to address the feasibility of less restrictive alternatives to detention and to articulate the factual basis for its findings - made pursuant to article I, section 12, subdivision (b) of the California Constitution - with sufficient specificity to facilitate review of its detention orders. (In re Humphrey (2021) 11 Cal.5th 135, 154-156.)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.