People v. Lyons

Full title: THE PEOPLE, Plaintiff and Respondent, v. BART ALAN LYONS, Defendant and…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Nov 25, 2009

2d Crim. B212253 (Cal. Ct. App. Nov. 25, 2009)

Opinion

Page 338c

179 Cal.App.4th 338c __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. BART ALAN LYONS, Defendant and Appellant. 2d Crim. No. B212253 California Court of Appeal, Second District, Sixth DivisionNovember 25, 2009

Ventura County Super. Ct. No. 2008015626

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

It is ordered that the opinion filed herein on November 5, 2009 (178 Cal.App.4th 1355;____Cal.Rptr.3d___), be modified as follows and the petition for rehearing is DENIED:

At the end of the first full paragraph on page six, after the quote "party making it" [178 Cal.App.4th 1362, advance report, 1st full par., last line], add as footnote 4 the following:

On petition for rehearing, appellant argues that the general habeas corpus power of the Superior Court is broad enough to include the granting of “Benoit” relief. (In re Benoit, supra 10 Cal.3d 72.) Our opinion only limits the habeas power in the sui generis “Benoit” context and in no other. There is a good reason for this rule. The Superior Court should have no power to lengthen the jurisdictional time limit for an appeal to a different and higher court. If appellant is correct, rule 8.308 (d) (see ante, p. 1360) is no longer viable. Upon a proper showing in the Court of Appeal, “Benoit” relief is granted and there is no good reason to change this rule which has worked well since l972.

There is no change in judgment.

Appellant's petition for rehearing is denied.