Breedlove

Background

Petitioner Zerrel Breedlove seeks extraordinary relief to prohibit respondent Contra Costa County Municipal and Superior Courts from violating Penal Code section 1204.5 by reviewing a “pre-preliminary hearing” report or any other summary of the facts of his case or criminal record, prior to his entry of a plea or finding or verdict of guilt, and absent his consent. As will be seen, we grant the writ.

There is no dispute that the process challenged by Breedlove is a regular practice of respondent courts. Since January 1, 1993, the Superior and Municipal Courts of Contra Costa County, as part of a criminal trial coordination program (Gov. Code, §68112), have followed certain standard procedures. When a defendant charged with a felony appears in municipal court and pleads not guilty, three court dates are set: (a) a pre-preliminary hearing conference before one of the superior court judges, sitting as a magistrate, assigned to the coordination program; (b) a readiness conference set before the same superior court judge; and (c) a preliminary hearing set in the municipal court. The timing of the three varies according to whether the defendant has waived time. (§…