In Re Ramirez

Thomas Ramirez (Ramirez) petitions for a writ of habeas corpus relieving him of any further probationary supervision in People v. Ramirez, case No. 95M05326, involving a misdemeanor.

The essential issue presented is whether, in the wake of court unification, a habeas corpus petition arising out of a misdemeanor case may be filed directly in the Court of Appeal. Ramirez contends his petition is properly before this court because there is now but one trial court, the superior court, and it is impermissible for one superior court judge to overrule the decision of another superior court judge.

Article VI, section 10 of the California Constitution specifically vests the superior courts, as well as appellate courts, with original jurisdiction in habeas corpus proceedings. Accordingly, we deny the petition without prejudice to its being refiled in the superior court.

Factual and Procedural Background

1. Proceedings below.

On August 28, 1995, Ramirez pled no contest to misdemeanor assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and was granted summary probation for three years on various conditions.

On December 14, 1995, restitution was established in the…