Legal Opinion

In Re Rhodes

California Court of Appeal

Decided January 28, 1998No. C025094PublishedCited by 1 opinion

1Opinion of the Court

Opinion

PUGLIA, P. J.

— The People appeal from the order of the superior court granting the respective petitions for writ of habeas corpus of state prisoners William Rhodes and Bryant Colton (collectively petitioners). The superior court concluded the Director of the Department of Corrections (Director) had abused his discretion in failing to assign each petitioner to a prison “nearest the prisoner’s home.” (Pen. Code, § 5068.)

We shall conclude that the Director did not abuse his discretion in exercising his authority to designate the prison in which petitioners were to be housed. Accordingly,…

2Cases cited3 opinions

  1. People v. LaraCalifornia Court of Appeal · 1984
  2. People v. FlowerCalifornia Court of Appeal · 1976
  3. People v. Superior Court (Peterson)California Court of Appeal · 1992

3Cited by1 opinion

  1. Santibanez v. HAVLINDistrict Court, E.D. California · 2010

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