In Re Coca

Appeal is from an order granting respondent Orlando Coca relief on his petition for writ of habeas corpus.

On March 3, 1975, respondent was placed on three years probation for conviction of sale of a controlled substance (amphetamines) (now Health & Saf. Code, § 11379). Probation was revoked on May 28, 1976, and respondent was sentenced to state prison.

On October 28, 1977, respondent filed a petition for writ of habeas corpus in the San Bernardino Superior Court, alleging that the Adult Authority of the State of California, the Department of Corrections, and the Vacaville Medical Facility had disobeyed a previous court order, thereby causing a deterioration of respondent’s physical condition and inflicting cruel and unusual punishment. He requested transfer to a facility equipped to provide for his medical needs.

On November 29, 1977, appellant moved for a change of venue to Solano County on the ground that, since respondent was now confined in that county (at Vacaville) that was the proper county to adjudicate a petition for writ of habeas corpus based upon the conditions of his confinement. The motion was denied.

On February 1, 1978, at the conclusion of the…