Breedlove v. Municipal Court

Opinion

DOSSEE, J.

Background

Petitioner Zerrel Breedlove 1 seeks extraordinary relief to prohibit respondent Contra Costa County Municipal and Superior Courts from violating Penal Code section 1204.5 2 by reviewing a “pre-preliminary hearing” report or any other summary of the facts of his case or criminal record, prior to his entry of a plea or finding or verdict of guilt, and absent his consent. As will be seen, we grant the writ.

There is no dispute that the process challenged by Breedlove is a regular practice of respondent courts. 3 Since January 1, 1993, the Superior and Municipal Courts…