Court of Appeal v. Superior Court

California Supreme Court

Court of Appeal v. Superior Court

577 P.2d 1013, 21 Cal. 3d 121, 145 Cal. Rptr. 673, 1978 Cal. LEXIS 215

CourtCalifornia Supreme Court

DecidedApril 26, 1978

DocketL.A. No. 30648

StatusPublished

Cited by1 cases

This text of 577 P.2d 1013 (Court of Appeal v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Court of Appeal v. Superior Court, 577 P.2d 1013, 21 Cal. 3d 121, 145 Cal. Rptr. 673, 1978 Cal. LEXIS 215 (Cal. 1978).

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Opinion

[123]*123Opinion

MOSK, J.

Real party in interest Spelio was convicted in 1969 of possession of marijuana (former Health & Saf. Code, § 11530), and the conviction was affirmed on appeal (People v. Spelio (1970) 6 Cal.App.3d 685 [86 Cal.Rptr. 113]). On February 25, 1976, Spelio petitioned respondent superior court for an order to destroy the records of his conviction pursuant to former Health and Safety Code section 11361.5, subdivision (b) (Stats. 1975, ch. 248, § 4, p. 643). On March 8, 1976, the court granted the relief prayed for. Petitioner Court of Appeal was included among the courts and agencies ordered to destroy their records of Spelio’s conviction. Petitioner unsuccessfully moved to quash the order, then filed both an appeal and an application for writ of mandate in this court. We issued an alternative writ.

Petitioner’s appeal was still pending when the statutory authority for the court order to destroy records was repealed without a saving clause, effective January 1, 1977. (Stats. 1976, ch. 952, § 1.) For the reasons stated in part I of our opinion in Younger v. Superior Court, ante, pages 102, 109 [145 Cal.Rptr. 674, 577 P.2d 1014], respondent superior court no longer has jurisdiction to enforce its order of March 8, 1976, and the order must therefore be vacated.¹

Let a peremptory writ of mandate issue requiring respondent superior court to vacate its order for destruction of records.

Bird, C. J., Tobriner, J., Clark, J., Richardson, J., Manuel, J., and Sullivan, J.,

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[123]*123Opinion

MOSK, J.

Real party in interest Spelio was convicted in 1969 of possession of marijuana (former Health & Saf. Code, § 11530), and the conviction was affirmed on appeal (People v. Spelio (1970) 6 Cal.App.3d 685 [86 Cal.Rptr. 113]). On February 25, 1976, Spelio petitioned respondent superior court for an order to destroy the records of his conviction pursuant to former Health and Safety Code section 11361.5, subdivision (b) (Stats. 1975, ch. 248, § 4, p. 643). On March 8, 1976, the court granted the relief prayed for. Petitioner Court of Appeal was included among the courts and agencies ordered to destroy their records of Spelio’s conviction. Petitioner unsuccessfully moved to quash the order, then filed both an appeal and an application for writ of mandate in this court. We issued an alternative writ.

Petitioner’s appeal was still pending when the statutory authority for the court order to destroy records was repealed without a saving clause, effective January 1, 1977. (Stats. 1976, ch. 952, § 1.) For the reasons stated in part I of our opinion in Younger v. Superior Court, ante, pages 102, 109 [145 Cal.Rptr. 674, 577 P.2d 1014], respondent superior court no longer has jurisdiction to enforce its order of March 8, 1976, and the order must therefore be vacated.¹

Let a peremptory writ of mandate issue requiring respondent superior court to vacate its order for destruction of records.

Bird, C. J., Tobriner, J., Clark, J., Richardson, J., Manuel, J., and Sullivan, J.,

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577 P.2d 1013, 21 Cal. 3d 121, 145 Cal. Rptr. 673, 1978 Cal. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/court-of-appeal-v-superior-court-cal-1978.

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