P. v. Lara CA3
California’s Department of Corrections and Rehabilitation (CDCR) attempts to appeal from trial court orders in 13 criminal cases by relying on Code of Civil Procedure section 904.1, which authorizes appeals only in civil cases. The lead case – People v. Lara (Super. Ct. Lassen County, 2021, No. CH037504) – involves an order by which the Lassen County Superior Court required CDCR to provide Lara’s trial attorney with reasonable access to confidential video conferencing with Lara for at least one hour per month. Each of the 13 felony prosecutions encompassed by this appeal involves a nearly identical order for reasonable access to confidential video conferencing. These orders were made while the coronavirus disease 2019 (COVID-19) pandemic was widespread in nearly all of the counties along the path of travel between Lassen County and Pelican Bay State Prison, where defendants were being held pending trial. CDCR filed a motion to vacate. The trial court denied the motion.
Comments on P. v. Lara CA3