Upshaw

Upshaw v. Superior Court of Alameda Cnty.

Good Law
22 Cal. App. 5th 489·231 Cal. Rptr. 3d 505
Court of Appeal of CaliforniaApril 18, 2018A152141California6,760 words

Opinion

lead Opinion

Jones, J.

*494 Petitioner Tikisha Marie Upshaw is incarcerated at Santa Rita Jail (SRJ) in Alameda County, awaiting trial for, among other things, special circumstance murder. By petition of writ of mandate, Upshaw challenges a trial court order denying her motion for a transfer from SRJ to a jail in a contiguous county. We deny the petition. In this case of first impression, we conclude Penal Code section 4007 authorizes a trial court to transfer a prisoner in a county *507 jail to another jail in a contiguous county upon a sufficient evidentiary showing the current jail is unsafe for confinement, but that Upshaw is not entitled to writ relief because she failed to exhaust administrative remedies before filing the motion for transfer. 1

FACTUAL AND PROCEDURAL BACKGROUND

The prosecution charged Upshaw with special circumstance murder (§§ 187, subd. (a), 190.2, subd. (a)(1) ) and other crimes. The prosecution charged one of Upshaw's co-defendants, Chariott Louise Burks, with first degree murder (§ 187, subd. (a) ) and shooting at an occupied motor vehicle (§ 246). In July 2016, Burks was arrested and booked into custody at SRJ. Approximately five months later, Upshaw was arrested and…

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