THOMAS v. SUPERIOR COURT

Docket No. L.A. 29694.

1 Cal.3d 788 (1970)

463 P.2d 709

83 Cal. Rptr. 357

JAMES TIMOTHY THOMAS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

January 29, 1970.


Attorney(s) appearing for the Case

COUNSEL

James Timothy Thomas, in pro. per., Norman D. Causey, under appointment by the Supreme Court, and Thomas Hunter Russell for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Jeffrey S. Wohlner, Deputy Attorney General, for Real Party in Interest.


OPINION

BURKE, J.

James Timothy Thomas, an inmate at the California Men's Colony at San Luis Obispo, seeks mandamus to compel the Los Angeles County Superior Court to hear on its merits his in pro. per. "Petition ... to Recall Commitment to Prison and [Grant] ... Probation Pursuant to [a provision in] Penal Code section 1168."1 We have concluded that the alternative writ should be discharged and the peremptory...

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