Botfield v. Sup. Ct.
In a complaint filed in Tuolumne County Superior Court (limited jurisdiction), petitioner was charged with misdemeanor violation of Vehicle Code section 23152, subdivision (a) (count 1), and violation of section 23152, subdivision (c) (count 2). Two prior convictions were alleged pursuant to sections 23540 and 23542 and/or sections 23546 and 23548: violation of section 23152, subdivision (a) on October 15, 1996; violation of section 23152, subdivisions (a) and (b) on August 11, 1999. The present petition was filed on July 26, 2006. On August 4, 2006, this court issued the following order:
“Sentencing in Tuolumne County Superior Court action No. CRM20426, presently set for August 8, 2006, is stayed pending determination of the petition for writ of mandate in the above entitled action, or until further order of this court.”
Petitioner argues respondent erred in denying the petition for writ of mandate filed with the appellate division of the superior court because he ruled in his capacity as a single superior court judge, rather than as a member of an appellate division panel. Court agreed. Court held that Petitioner is entitled to appropriate relief. A peremptory writ of mandate is proper and should be issued.
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