Robinson v. Superior Court
A superior court ordered a competency evaluation found petitioner not competent to stand trial or to cooperate. Petitioner was committed to Patton State Hospital on August 11, 2005. Petitioner was later found competent to stand trial and cooperate with counsel. Petitioner plead no contest to count one, driving under the influence, with three or more prior convictions for similar offenses. All remaining counts and prior convictions were dismissed or stricken. Petitioner entered the plea with the understanding that he would receive a sentence of no more than three years.
On July 20, 2006, petitioner filed in this court an application for permission to seek a belated certificate of probable cause in the Kern County Superior Court. This court granted the application on August 8, 2006. The request was promptly filed and the Kern County Superior Court denied the request on August 16, 2006. The instant petition challenges the denial of the request. Let a peremptory writ of mandate issue directing the Kern County Superior Court to reverse its denial order and grant petitioner’s request for a certificate of probable cause.
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