People v. Romero

Opinion

KENNARD, J.

—May an appellate court, when presented with a petition for a writ of habeas corpus, grant the relief requested in the petition (here, vacating a judgment of conviction for five felonies) without first issuing a writ of habeas corpus or an order to show cause? We conclude, for the reasons set forth below, that it may not.

I

Charged by information with one count of robbery (Pen. Code, § 211) and four counts of attempted robbery (id., §§211, 664), Debra Jeanie Romero (petitioner) relied at trial on a defense of duress. Testifying in her own behalf, petitioner admitted…