Opinion
S259387
02-11-2020
C090494 Third Appellate District
Petition for review granted; transferred to Court of Appeal, Third Appellate District, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Third Appellate District. That court is ordered to vacate its summary denial dated November 15, 2019, and is further ordered to issue an order to show cause, returnable before the San Joaquin 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 relief should not be granted based on the use of materially probative false evidence as petitioner claims in ground 1, specifically as to the letters of Kuldip Singh and Swaran Singh Khaira. (See Pen. Code, § 1473, subds. (a) & (b).) The return is to be filed on or before March 12, 2020.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.