California Court of Appeal

Defendant's petition for writ of mandate and/or prohibition, seeking vacatur of the superior court's order granting a motion for reconsideration of its prior order granting a petition for writ of habeas corpus from defendant's convictions for aggravated sexual assault on a child and child endangerment, is denied where: 1) the superior court has inherent power to reconsider and vacate an order granting a petition for writ of habeas corpus within the 60-day time period for the People to file an appeal from the order, as long as no appeal has yet been filed; and 2) on the facts of this case, the superior court acted within its discretion in granting reconsideration of its order granting the petition for writ of habeas corpus.

Appellate Information

• Decided 11/03/2010
• Published 11/03/2010

Judges

• BAMATTRE-MANOUKIAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lawrence A. Gibbs