Holder v. Superior Court

Opinion

BURKE, J.

Earl Ray Holder, an inmate at the California Institution for Men at Chino, seeks mandamus to compel the San Diego County Superior Court “to take jurisdiction of [his] petition for probation pursuant to [a provision in Pen. Code, § 1168] and to decide the case on its merits.” We have concluded that section 1168 does not authorize the granting of probation as an alternative to release on parole but rather empowers the court to recall a prison sentence and commitment and to resentence the defendant where it appears from the diagnostic study and approved recommendations that the…