In Re DW

O'LEARY, Acting P.J.

Petitioner, D.W., [1] was ordered incarcerated pursuant to Penal Code section 1332 [2] as a result of being adjudged an uncooperative material witness. D.W. argues she was illegally deprived of her liberty because she was denied counsel and the proper hearings required by the statute. D.W. also contends she was improperly found in contempt pursuant to Code of Civil Procedure section 1209, subdivision (a)(9). We conclude both claims have merit. Petition granted.

Because D.W. raises two distinct procedural issues, we will first discuss her arguments with respect to section 1332. We will discuss her section 1209 argument anon.

Steven Robert Miller was a defendant in a "Three Strikes" law case charged with first degree robbery, first degree burglary, the unlawful taking of a vehicle, and 10 prior strikes. At the time Miller committed the offenses, the prosecution believed he was involved in a relationship with D.W. She was, therefore, considered to be a material witness to Miller's participation in the charged offenses.

In March 2001, Miller's case was set ready for jury trial. In anticipation of calling D.W. as a prosecution witness, she was subpoenaed to…