T.W.

In this mandamus proceeding, petitioner T.W. seeks a writ compelling respondent superior court to vacate its order denying his petition for modification, filed pursuant to Welfare and Institutions Code section 778, and under authority of Penal Code section 1170.18. Our review of the parties’ briefs and the record lead us to conclude T.W. is entitled to writ relief. Thus, in accordance with our notification to the parties we might do so, we order issuance of a writ directing respondent court to vacate its order denying T.W.’s petition for recall of sentence. (Code Civ. Proc., § 1088; Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1239-1241 [ 82 Cal.Rptr.2d 85 , 970 P.2d 872 ]; Ng v. Superior Court (1992) 4 Cal.4th 29, 35 [ 13 Cal.Rptr.2d 856 , 840 P.2d 961 ]; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ].) However, because respondent court did not reach the issue of whether T.W. would pose an unreasonable risk of danger to public safety (see § 1170.18, subd. (b)), the matter is remanded for the court to make that determination.

I. Background

T.W. was made a ward of the juvenile court pursuant to Welfare and…