From Casetext: Smarter Legal Research

In re Paulino

California Court of Appeals, Second District, Seventh Division
Apr 29, 2009
No. B207935 (Cal. Ct. App. Apr. 29, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County No. BA138096, Robert J. Perry, Judge.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill and Charles Chung, Deputy Attorneys General, for Appellant.

Nancy L. Tetreault, under appointment by the Court of Appeal, for Respondent.


JACKSON, J.

This is an appeal by Victor Almager, Warden of Centinela State Prison, from an order granting a petition for writ of habeas corpus by Delbert Paulino. The order prohibited the deduction of funds to pay restitution fines from money deposited in Paulino’s prison account by outside sources. It required such funds to be deducted only from Paulino’s prison wages.

During the pendency of this appeal, the United States Court of Appeals affirmed a judgment vacating Paulino’s conviction. (Paulino v. Harrison (9th Cir. 2008) 542 F.3d 692.) On March 23, 2009, Almager filed a request that we dismiss the appeal as moot. Since Paulino’s conviction and sentence have been reversed and we can no longer grant Almager the relief requested, it is appropriate that we dismiss the appeal as moot. (Finnie v. Town of Tiburon (1988) 199 Cal.App.3d 1, 10.)

The appeal is dismissed.

We concur: PERLUSS, P. J., WOODS, J.


Summaries of

In re Paulino

California Court of Appeals, Second District, Seventh Division
Apr 29, 2009
No. B207935 (Cal. Ct. App. Apr. 29, 2009)
Case details for

In re Paulino

Case Details

Full title:In re DELBERT PAULINO, on Habeas Corpus.

Court:California Court of Appeals, Second District, Seventh Division

Date published: Apr 29, 2009

Citations

No. B207935 (Cal. Ct. App. Apr. 29, 2009)