Legal Opinion

Molina v. Superior Court

California Court of Appeal, 5th District

Decided May 17, 2019No. G056530PublishedCited by 1 opinion

1Opinion of the CourtO'Leary, P. J.

*533Richard Molina challenges the trial court's order denying his petition for writ of mandate to vacate his conviction pursuant to People v. Rodriguez (2012) 55 Cal.4th 1125, 150 Cal.Rptr.3d 533, 290 P.3d 1143. Molina argues, and the Orange County District Attorney (OCDA) concedes, the court erred by denying the petition because Molina acted alone. As we explain below, mandate was not the proper vehicle to seek relief and although based on the record before us it appears Molina is entitled to relief, we decline to suggest to the parties what might be a better vehicle. We deny the petition.

FACTS1

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2Cases cited16 opinions

  1. People v. ColeCalifornia Supreme Court · 2004
  2. People v. RodriguezCalifornia Supreme Court · 2012
  3. People v. PicklesimerCalifornia Supreme Court · 2010
  4. People v. Municipal CourtCalifornia Court of Appeal · 1972
  5. People v. WilsonCalifornia Court of Appeal · 1947

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3Cited by1 opinion

  1. Molina v. S.C.California Supreme Court · 2019

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