Molina v. Super. Ct.

Richard Molina challenged a trial court’s order denying his petition for writ of mandate to vacate his conviction pursuant to California v. Rodriguez, 55 Cal.4th 1125 (2012). Molina argued, and the Orange County District Attorney (OCDA) conceded, the court erred by denying the petition because Molina acted alone. The Court of Appeal determined mandate was not the proper vehicle to seek relief and although based on the record before the Court, it appeard Molina was entitled to relief, but not by a petition for writ of mandate. The Court declined to suggest to the parties what might be a better vehicle. The case was dismissed without prejudice. View "Molina v. Super. Ct." on Justia Law