Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FWV803263. Arthur Harrison, Judge. Petition
Cathryn E. Lintvedt, under appointment by the Court of Appeal, for Petitioner.
No appearance by respondent.
Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, and Peter Quon, Jr. and Angela M. Borzachillo, Deputy Attorneys General, for Real Party in Interest.
Hollenhorst, Acting P.J.
Alex Navarro filed a petition for writ of mandate with this court on July 29, 2009, asserting that the superior court erred in denying his request for a certificate of probable cause and requesting this court to issue a peremptory writ. This court requested that Real Party in Interest file a response to the petition. Real Party in Interest’s “answer” filed January 6, 2010, agrees that this court should grant the request for a peremptory writ. Because petitioner’s request for certificate of probable cause contained a “‘cognizable issue for appeal which is not clearly frivolous and vexatious...,’” and the trial court erred in its assertion that a certificate of probable cause is not necessary to appeal the denial of a motion to withdraw a plea, the Petition for Writ of Mandate is granted. (People v. Johnson (2009) 47 Cal.4th 668, 676; In re Chavez (2003) 30 Cal.4th 643, 651; People v. Zaidi (2007) 147 Cal.App.4th 1470, 1481.)
Let a Peremptory Writ of Mandate issue directing the San Bernardino Superior Court to vacate its order dated May 19, 2009, which denied petitioner’s request for certificate of probable cause and to enter a new order granting the request for certificate of probable case. (Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1223 [peremptory writ is proper when entitlement to relief is conceded].)
This order is DEEMED final forthwith. (Cal. Rules of Court, rule 8.490(b)(3).) Petitioner is DIRECTED to prepare and have the Peremptory Writ issued, served and filed with the clerk of this court, together with the proof of service on all parties.
We concur: McKinster, J., Miller. J.