Opinion
S233936
06-29-2016
REYES (BENITO) ON H.C.
G052777 Fourth Appellate District, Div. 3
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division Three, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth Appellate District, Division Three. That court is ordered to vacate its summary denial dated April 12, 2016, and is further ordered to issue an order to show cause, returnable before the Orange 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 July 29, 2016.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.