In Re Azurin

Opinion

KREMER, P. J.

The People appeal from the order of the superior court granting Greg Azurin’s petition for a writ of habeas corpus permitting Azurin to withdraw his plea of guilty to discharging a firearm at an occupied motor vehicle. (Pen. Code, § 246.) The People contend the superior court lacked habeas corpus jurisdiction because Azurin was assertedly not in state custody, either actual or constructive, at the time he filed his petition. We reverse the order.

I

Introduction

Philippine citizen Azurin was a lawful permanent resident of the United States. In March 1990, without being advised…