Legal Opinion

Ayala v. Superior Court

California Court of Appeal

Decided September 7, 1983No. Civ. 67990PublishedCited by 8 opinions

1Opinion of the Court

Opinion

GILBERT, J.

Petitioner seeks review of an order of the superior court denying his petition for a certificate of rehabilitation (Pen. Code, § 4852.01, et seq.). Inasmuch as it appears that appeal is an inadequate remedy, this court has issued an alternative writ of mandate. (Hogya v. Superior Court (1977) 75 Cal.App.3d 122, 128 [142 Cal.Rptr. 325].) We agree with petitioner that the superior court erred in denying his petition.

Petitioner pled guilty to rape and assault charges (§§ 261, subd. (2) and 220) on December 16, 1975. On February 6, 1976, criminal proceedings were suspended and…

2Cases cited14 opinions

  1. Pell v. ProcunierSupreme Court of the United States · 1974
  2. Carafas v. LaValleeSupreme Court of the United States · 1968
  3. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  4. People v. OlivasCalifornia Supreme Court · 1976
  5. Westbrook v. MihalyCalifornia Supreme Court · 1970

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re ValentiCalifornia Court of Appeal · 1986
  2. People v. WilliamsCalifornia Court of Appeal · 1991
  3. In Re JiminezCalifornia Court of Appeal · 1985
  4. Niedle v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2001
  5. People v. MorrisonCalifornia Court of Appeal · 1984

3 more not listed; retrieve them via the Exa API.

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