Dix v. Superior Court

Opinion

BAXTER, J.

—Alan Dale Bradley was convicted of aggravated assault and sentenced to prison. Thereafter, the superior court invoked Penal Code section 1170, subdivision (d) (hereafter section 1170(d)),1 to recall Bradley’s sentence. Petitioner William Edward Dix, the victim of Bradley’s assault, sought mandate or prohibition to overturn the recall order and prevent substitution of a new sentence. Petitioner argued that section 1170(d) permits recall and resentencing only under limited circumstances not present in Bradley’s case.

The Court of Appeal issued a peremptory writ of mandate. It…