Opinion
S269653
08-25-2021
MILES (JIMMY LEE) v. S.C. (PEOPLE)
F082682 Fifth Appellate District.
Petition for review granted; transferred to Court of Appeal, Fifth Appellate District, with directions to issue an order to show cause
The Attorney General's motion for judicial notice of the docket in People v. Miles, Fresno County Superior Court, case number CF86342840, filed on July 22, 2021, is granted.
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 mandate and to issue an order directing the respondent superior court to show cause why a writ of mandate should not issue, directing respondent to preserve, for consideration by the Board of Parole Hearings, an appropriate copy of the “Periodic Evaluation [of petitioner] Under Section 1370 of the Penal Code With Prognosis and Recommendation, ” dated December 11, 1984. (In re Cook(2019) 7 Cal.5th 439, 449-450; People v. Franklin (2016) 63 Cal.4th 261, 284; see also Evid. Code, § 452, subd. (d).)
Cantil-Sakauye, C. J., was absent and did not participate.
Votes: Kruger, A. C. J., Corrigan, Liu, Cuéllar, Groban, and Jenkins, JJ.