Opinion
S273241
04-27-2022
WHALEN (DANIEL LEE) ON H.C.
F083835 Fifth Appellate District.
Petition for review granted; transferred to Court of Appeal, Fifth Appellate District
The petition for review is granted. The matter is transferred to the Court of Appeal, Fifth Appellate District, with directions to vacate its order denying a certificate of appealability and to consider whether the superior court ruled that the petition or its claims are successive under Proposition 66 and its implementing statute, Penal Code section 1509, subdivision (d), and accordingly whether a certificate of appealability is required under Penal Code section 1509.1, subdivision (c) and rule 8.392(b) of the California Rules of Court, or whether the matter should be remanded to the superior court so it may in the first instance decide whether the petition or its claims are successive under section 1509, subdivision (d), and if so whether to issue a certificate of appealability under section 1509.1, subdivision (c) and rule 4.576(b) of the California Rules of Court. (Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.