Block

Petitioner Sherman Block, Sheriff of the County of Los Angeles (hereafter Sheriff), seeks a writ of mandate directing the superior court to set aside its order of March 3, 1998, directing the Sheriff to release real party in interest, Robert John Downey, Jr., from custody and to transport him—at Downey’s expense—to Paramount Studios to complete work on a motion picture. The question is whether, pursuant to Penal Code section 4004 (hereafter section 4004), good cause exists for Downey’s release. We conclude it does not. Because the issue is now moot, we will deny the petition. Because the issue is capable of recurring, we issue this opinion to lay down general guidelines for future cases.

I. Factual and Procedural History

Downey, a well-known actor, was convicted of violating Health and Safety Code sections 11350, subdivision (a) and 11550, subdivision (a), Penal Code section 12025, and Vehicle Code section 23152, subdivision (a). His sentence was suspended, and he was placed on summary probation, one of the terms of which was that he was required to seek and maintain employment as approved by the court. On April 22, 1997, Downey moved to modify the terms of his…