Opinion
S273347
04-27-2022
SERI (ABRAHAM) ON H.C.
A164522 First Appellate District, Div. 3.
Petition for review granted; transferred to Court of Appeal, First Appellate District, Division Three, with directions to issue an order to show cause
The San Francisco County District Attorney's “Application to File Answer Under Seal” is granted. In ordering the sealing, this court makes the findings required by California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is directed to file the San Francisco County District Attorney's answer to the petition for review under seal.
The petition for review is granted. The matter is transferred to the Court of Appeal, First Appellate District, Division Three. That court is ordered to vacate its February 17, 2022, order denying the petition for writ of habeas corpus and a writ of mandate, and to issue an order to show cause, returnable before the San Francisco County Superior Court. The People of the State of California, real party in interest in this matter, are to be ordered to show cause why petitioner's continued confinement in the county jail does not violate his constitutional and statutory rights (Jackson v. Indiana (1972) 406 U.S. 715; In re Davis (1973) 8 Cal.3d 798; U.S. Const., 14th amend.; Cal. Const., Art. I, § 7; Welf. & Inst. Code, § 5358, subds. (a)(1)(B), (a)(2)), and why the San Francisco County Superior Court should not either: (1) issue an injunction setting a deadline for petitioner's transfer to Napa State Hospital or some other appropriate treatment facility and ordering the director of that facility to accept him within that time (see In re Loveton (2016) 244 Cal.App.4th 1025; People v. Brewer (2015) 235 Cal.App.4th 122), or (2) grant the relief sought. (Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.