Opinion
S236263
09-14-2016
REED (JOHNNY LEROY) ON H.C.
A148319 First Appellate District, Div. 1
Petition for review granted; transferred to Court of Appeal, First Appellate District, Division One, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, First Appellate District, Division One. That court is ordered to vacate its summary denial dated July 19, 2016, and is further ordered to issue an order to show cause, returnable before the Alameda 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 make a record of “mitigating evidence tied to his youth.” (See People v. Franklin (2016) 63 Cal.4th 261, 268-269, 283-284.) The return is to be filed on or before October 14, 2016.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
Corrigan, J., was absent and did not participate.