In Re McInturff

The superior court, in this habeas corpus proceeding, determined that petitioner was unlawfully confined in the state prison at Folsom and ordered that he be discharged. The People appeal. The question is whether the writ of habeas corpus is available, after final judgment of conviction and sentence, to review the trial court’s erroneous refusal to certify petitioner to the Youth Authority. We have concluded that the writ cannot be used for this purpose. Petitioner is confined under a judgment of conviction of first degree robbery. At the time of his apprehension for the offense petitioner…