Opinion
S272129
01-05-2022
RODRIGUEZ (MARIO) v. S.C. (PEOPLE)
H049016 Sixth Appellate District
Petition for review granted
The petition for review is granted.
Pending review, the opinion of the Court of Appeal, which is currently published at 70 Cal.App.5th 628, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court , Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)
All further proceedings in People v. Mario Rodriguez, Santa Clara County Superior Court Nos. C1647395 and C1650275, are hereby stayed pending further order of this court.
The request for an order directing depublication of the opinion is denied.
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, and Jenkins, JJ.