Opinion
S253451
11-26-2019
SCOTT (LIONEL A.) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Fourth Appellate District, Division One
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause before the Court of Appeal, Fourth Appellate District, Division One, when the matter is placed on calendar, why petitioner is not entitled to relief pursuant to People v. Gallardo (2017) 4 Cal.5th 120, and why Gallardo should not apply retroactively on habeas corpus to final judgments of conviction. (See also Descamps v. United States (2013) 570 U.S. 254; Pen. Code, § 1192.7(c)(23); Minn. Stats. Ann. § 609.223.) The return must be served and filed on or before December 26, 2019.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.