In re Hill CA4/3
The Orange County District Attorney (OCDA) appeals from the trial court’s order granting Robert Daniel Hill’s petition for writ of habeas corpus. The OCDA argues the following: the court erred by granting the habeas petition without first issuing an order to show cause (OSC); Hill was not in custody on his prior convictions; and Proposition 47 did not apply to the prior prison terms. Because we agree the trial court erred by granting relief without first issuing an OSC, we need not address the OCDA’s other contentions. We reverse the court’s order granting Hill’s petition for writ of habeas corpus.
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