Thomas v. Superior Court

Opinion

BURKE, J.

James Timothy Thomas, an inmate at the California Men’s Colony at San Luis Obispo, seeks mandamus to compel the Los Angeles County Superior Court to hear on its merits his in pro. per. “Petition ... to Recall Commitment to Prison and [Grant] . . . Probation Pursuant to [a provision in] Penal Code section 1168.” 1 We have concluded that the alternative writ should be discharged and the peremptory writ denied.

In 1966 an information was filed charging Thomas with two counts of sale of heroin (Health & Saf. Code, § 11501) and alleging several prior felony convictions. He pleaded…