Simpson v. Roddy
On July 24, 2007, the public defender attempted to file a petition to set aside Simpson's plea under Penal Code section 1203.4. (All further statutory references are to the Penal Code unless otherwise indicated.) The public defender had been in contact with superior court for two weeks before the attempted filing and had provided the court a copy of Lewis v. Clarke (2003) 108 Cal.App.4th 563, 570 [ 1203.4, subd. (c) does not authorize court clerk to require prepayment of filing fee, and defendant cannot be compelled to apply for waiver of fee that court clerk is not authorized to collect]. The clerk nevertheless refused to accept or file the petition without advance payment of the $120 filing fee or the grant of an application to proceed in forma pauperis. Let a peremptory writ of mandate issue directing the superior court to accept for filing, without requiring prepayment payment of a filing fee or the filing of an application for fee waiver, any petition for relief under section 1203.4. This opinion is made final immediately as to this court. (Cal. Rules of Court, rule 8.264(b)(3).)
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