California Court of Appeal

Petition for writ of mandate and/or prohibition challenging the trial court's order continuing inmate Burton's petition for resentencing under Penal Code section 1170.126 for two years so that Burton could prove to the court that he was no longer a danger to society is granted, where: 1) the superior court acted without statutory authority, assuming unto itself the authority of a parole board to evaluate and reevaluate the danger Burton posed; and 2) the court does not have inherent authority to grant a continuance for whatever length of time it deems appropriate to reevaluate an inmate's dangerousness.

Appellate Information

• Decided 01/06/2015
• Published 01/06/2015

Judges

• Ramirez

Court

• California Court of Appeal

Counsel