Drake

Justin S. Drake, the petitioner herein, is the appellant in a related case following a criminal conviction. In this case, he petitions for a peremptory writ of mandate ordering the superior court, the respondent herein, to issue a certificate of probable cause for his appeal. We will issue a peremptory writ in the first instance directing respondent court to vacate its order denying petitioner’s application for a certificate of probable cause. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ]; Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1240-1241 [ 82 Cal.Rptr.2d 85 , 970 P.2d 872 ].) The remedy we provide, however, is limited: the superior court (hereafter referred to as the trial court) is not required to grant petitioner’s application for a certificate of probable cause, but need only consider his application on the merits or on procedural grounds other than untimeliness, the ground on which the court originally denied the certificate request.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Background Facts

Petitioner was convicted on July 18, 2008, after pleading no contest to one count of grand theft of a…