Gonzalez

Tony Rackauckas, District Attorney, Mitchell Keiter, Gregory J. Robischon and Anna Chinowth, Deputy District Attorneys, for Real Party in Interest.

Braulio Peñuelas Gonzalez, in propria persona, filed a petition for a writ of habeas corpus. We elected to treat it as a petition for writ of mandate and appointed counsel to represent him. Counsel filed a supplemental petition for writ of prohibition/mandate, after which we issued an order to show cause. The facts are undisputed.

Petitioner is incarcerated in the state prison in Corcoran, California, pursuant to a judgment of the Los Angeles County Superior Court, case number KA066341, entered in March 2007. Petitioner previously pleaded guilty to misdemeanor violations (Veh. Code, §§ 23152, subd. (a), 12500, subd. (a); Pen. Code, §148, subd. (a); all further statutory references are to the Penal Code except as otherwise stated) in Orange County. Imposition of sentence was suspended and petitioner was placed on unsupervised probation with conditions. After petitioner failed to comply with various conditions, on November 4, 2005, probation was revoked and a warrant issued. Pursuant to the warrant, on September 11,…