California Court of Appeal

Petition for writ of mandate and/or prohibition challenging the superior court's order holding inmate Williams' petition to recall his sentence in abeyance (to give him an opportunity to take programs in prison to demonstrate that he no longer posed a danger to public safety) is granted, and the superior court is directed to deny the inmate's petition for resentencing, where: 1) the superior court’s order in this matter exceeded its statutory authority, assuming unto itself the authority of a parole board to evaluate and reevaluate the danger Williams posed; 2) Williams chose when to file the petition, and he could have waited to file it after he had cleaned up his act; and 3) the superior court was required to make a ruling based on its assessment of Williams' dangerousness at the time of the November 7, 2013 hearing.

Appellate Information

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

Judges

• Ramirez

Court

• California Court of Appeal

Counsel