In Re Frias

[90]

Opinion

JOY, J.

*

Facts

The People of the State of California have appealed from an order of the Superior Court of Tulare County granting the petition of respondent, Richard Frias, for writ of habeas corpus and ordering that respondent be released from the Tulare County jail where he had been placed on a parole hold.

On May 8, 1972, respondent was released on parole by the California Youth Authority.

On September 27, 1972, respondent was arrested for a violation of Penal Code section 211, robbery.

On November 11, 1972, a preliminary examination on the robbery charges was held and respondent was bound over to the superior court.

Respondent was arrested on December 5, 1972, for parole violation based upon his being bound over for arraignment in the superior court on the criminal charge.

On December 29, 1972, respondent filed a petition for writ of habeas corpus in Tulare County Superior Court. The court’s order to show cause issued on the same day.

A hearing was held on respondent’s petition.

Respondent’s petition for a writ of habeas corpus was granted by the court.

Appellant filed a petition for stay of the superior court order, and the stay was granted by this court.

Appellant filed a timely notice of appeal.

Pursuant to a plea bargain, on April 9, 1973, the charge against respondent was reduced to a violation of Penal Code section 488, petty theft, and respondent pleaded guilty on condition that he would receive four months’ probation with no time in custody.

On April 30, 1973, respondent moved to withdraw his guilty plea.

On May 2, 1973, the court ordered that respondent’s guilty plea be withdrawn and a motion was made by the prosecution to dismiss the case