Statement Regarding Today's Appellate Court Order
Author: District Attorney
3/11/2021 4:42:46 PM
Today, the 2nd District Court of Appeal ordered that the San Luis Obispo County Superior Court Appellate Division (a panel of three Superior Court Judges) will hear the Attorney General's and District Attorney's appeals of Judge Matthew Guerrero's earlier recusal decision.
Today, Chief Deputy District Attorney Jerret Gran issued the following statement regarding the order from the 2nd District Court of Appeal (Ventura) in the protest cases: Robert Anthony Lastra, Jr., et al
“Nothing has changed or been decided. The order from the Court of Appeal in Ventura did not reach a decision on the merits. It simply switched the court and jurisdiction that will hear the case from the Ventura Court of Appeal to the San Luis Obispo County Superior Court Appellate Division. Our legal arguments remain the same and we have confidence in our position and remain determined that it is appropriate for the San Luis Obispo District Attorney to remain as the prosecutor in these cases.”
Procedurally, this means that a briefing schedule will be ordered by the Appellate Division of the Superior Court. After legal briefs are filed by both appellants and appellees, oral arguments will be scheduled and held before any decision is published.