In re Barney CA3
After unsuccessfully pursuing relief in the superior court, petitioner Felix Barney brought this petition for writ of habeas corpus. He claims he was incompetent at the time of his plea to a charge of indecent exposure. (See Pen. Code, § 314 [statutory section references that follow are to the Penal Code].) We issued an order to show cause returnable to us and referred the matter for a hearing and evidentiary determination by a referee, the Honorable Richard Vlavianos, judge of the San Joaquin County Superior Court.
The referee’s report and findings have been submitted to the court, and the referee has credited overwhelming evidence supporting a finding that petitioner was incompetent when he entered his plea. We reach the same conclusion and shall allow petitioner to withdraw his plea.
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