In re Paine CA4/3
The Orange County District Attorney (OCDA) appeals from the trial court’s order granting Michael Alexander Paine’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); Paine was not in custody on his prior conviction; Proposition 47 did not apply to the prior prison term ; and if Proposition 47 applied to the prior prison term, Paine is entitled to resentencing not automatic sentence reduction. 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 Paine’s petition for writ of habeas corpus.
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