California Court of Appeal

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People v. Antonio, 070590

In an action by a prisoner claiming that trial courts, at the time of sentencing, must issue a preemptive order to the Department of Corrections and Rehabilitation to comply with its statutory duty to make the prisoner available for transfer to the foreign jurisdiction, the appeal is dismissed where:1) the sentencing judge is not required to independently order the Department to perform its established legal responsibility; and 2) if the Department fails or refuses to carry out its duties, the prisoner may resort to administrative review within the corrections system, and ultimately review by the courts by way of a petition for writ of habeas corpus.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/18

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel


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