People v. Mutch

SULLIVAN, J., Concurring and Dissenting.

I agree with the majority that a defendant whose conviction of a violation of Penal Code section 209 became final before our decision in People v. Daniels (1969) 71 Cal.2d 1119 [80 Cal.Rptr. 897, 459 P.2d 225] is entitled to post-conviction relief “if there is no material dispute as to the facts relating to his conviction and if it appears that the statute under which he was convicted did not prohibit his conduct.” (Italics added.) (In re Zerbe (1964) 60 Cal.2d. 666, 668 [36 Cal.Rptr. 286, 388 P.2d 182, 10 A.L.R.3d 840].) Accordingly, applying the…