Miles

INTRODUCTION

Petitioner Jimmy Lee Miles has filed various petitions in this court and the California Supreme Court claiming that respondent, the Fresno County Superior Court, erroneously denied his request to take judicial notice of certain documents for his eventual youth parole eligibility hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). On August 25, 2021, the California Supreme Court issued an order, in part, for respondent superior court to show cause (returnable before this court) why a writ of mandate should not issue directing respondent to preserve for future parole eligibility consideration an appropriate copy of a report from the Department of Mental Health, Atascadero State Prison, dated December 11, 1984. This report is known as “the ‘Periodic Evaluation [of Petitioner]’ ” (the Periodic Evaluation). In its written return filed in this court, the People (real party in interest) concede it is appropriate for respondent superior court to preserve the Periodic Evaluation. We agree with that concession. We issue a preemptory writ of mandate directing respondent to preserve, for consideration by the Board of Parole Hearings (the Board), an…