2016 California Code
Penal Code - PEN
PART 2 - OF CRIMINAL PROCEDURE
TITLE 12 - OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE
CHAPTER 1 - Of the Writ of Habeas Corpus
Section 1485.5.

1485.5. (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.

(b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment.

(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.

(d) For the purposes of this section, express factual findings are findings established as the basis for the court s ruling or order.

(e) For purposes of this section, court is defined as a state or federal court.

(Amended by Stats. 2016, Ch. 785, Sec. 2. Effective January 1, 2017.)