Petty v. Superior Court CA4/2
Petitioner William Joel Petty seeks a writ of mandate compelling the superior court to grant his motion for postconviction discovery under Penal Code section 1054.9. Having reviewed all of the filings in this matter, we conclude the superior court assessed Petty’s motion under the wrong statute. We therefore direct the superior court to vacate its order denying Petty’s motion and remand the matter for the court to reconsider the motion under section 1054.9. We express no opinion on the merits of the motion.
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