NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Appellant Robert Leung appeals from a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) challenging the termination of his employment as a police officer. The San Francisco Police Commission (Commission) terminated Leung's employment after sustaining five charges of misconduct, consisting of his alleged unauthorized access of California Law Enforcement Telecommunications System (CLETS) data (specifications one, four, and five), unauthorized dissemination of certain confidential information and CLETS data (specification two), and bringing discredit to the department based on his alleged unauthorized access and dissemination of confidential information and CLETS data (specification three). Specifications one, two, and three, related to data concerning B.B. and specifications four and five related to data concerning brothers L.W and L.W. At the oral proceeding on the petition, the trial court found a legal error had occurred at the administrative hearing, which rendered defective the sustained charges of misconduct based on allegations of unauthorized dissemination of confidential information and CLETS data concerning B.B. However, the court found Leung was not entitled to any writ relief because the legal error did not prejudicially impact the other sustained findings of misconduct based on allegations of unauthorized access of CLETS data concerning L.W. and L.W. (specifications four and five), and those latter charges were sufficient to support termination of Leung's employment.
On appeal Leung argues, and we agree, the judgment should be reversed and the case remanded to the Commission for the purpose of setting aside its order of termination and to reconsider the discipline to be imposed on the two sustained charges of misconduct (specifications four and five) as found by the trial court.
The judgment is reversed and the matter is remanded to the superior court with directions to issue a writ of mandate requiring respondents to set aside the order of termination and to conduct further proceedings in light of this opinion. Petitioner Leung is awarded costs on appeal.
McGuiness, P. J. and Pollak, J., concurs.