Opinion
S240086
04-24-2019
WISE (La'NARE) ON H.C.
Order to show cause issued; returnable in Court of Appeal, First Appellate District, Division Three
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Court of Appeal, First Appellate District, Division Three, when the matter is ordered on calendar, why petitioner is not entitled to relief pursuant to In re Martinez (2017) 3 Cal.5th 1216 and People v. Chiu (2014) 59 Cal.4th 155. (See also People v. Letner and Tobin (2010) 50 Cal.4th 99, 180-182.) The return must be served and filed on or before May 24, 2019. This order is without prejudice to the filing of a petition for resentencing under Penal Code section 1170.95 in the Alameda County Superior Court.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.