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People v. Allison

The superior court had the legal authority to grant a habeas petition challenging a 2005 sentence following a plea bargain.

In 2017, defendant filed a habeas corpus petition in the superior court challenging his sentence following a plea bargain in 2005. He did not need a certificate of probable cause to challenge the sentencing order since he was proceeding by way of a writ rather than an appeal. Moreover, the issue could be addressed by the court since it involved an unauthorized sentence. Finally, the court was authorized to reconsider the sentence following notification by the CDCR that it may been illegal.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2019 D.A.R. 8657 (1st Dist. 2019) September 05, 2019 (A153527)

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