Portee v. Superior Court
Petitioner attempted to file a request for appointment of counsel to investigate and prepare a motion for postconviction DNA testing as allowed by Penal Code section 1405. For unexplained reasons, the superior court failed to file his motion and returned it to him instead. Petitioner has sought relief in this court by way of a petition for writ of mandate. Court issue a peremptory writ in the first instance directing the respondent court to file petitioner's motion and to consider its merits.
Petitioner has also filed a motion in this court, asking this court to directly appoint counsel for DNA testing. Court deny the motion.
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