In Re Frias
Opinion
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.