In 2018, appellant filed a petition for writ of habeas corpus in the trial court requesting a Franklin hearing. The court denied the petition on the grounds that defendant was not eligible. In 2024, defendant filed a motion requesting a Franklin hearing under Penal Code section 1203.01 and Cook. The trial court denied the motion as successive.

The Court of Appeal agreed with the parties that the trial court erred when it denied appellant’s motion for a Franklin/Cook hearing as successive. Nothing in section 1203.01 authorizes a court to bar a defendant from filing a Franklin motion if such request was previously denied in a habeas petition. Additionally, although appellant originally sought a Franklin hearing by filing a petition for writ of habeas corpus, as Cook explained, habeas corpus was not the proper procedure in the first instance. (In re Cook (2019) 7 Cal.5th 439, 457–458.) Accordingly, the court’s order denying the habeas petition did not bar the court from ruling on appellant’s subsequent Franklin motion, which was properly raised under section 1203.01 and Cook.

The Court of Appeal reversed the trial court’s order and remanded for the court to consider appellant’s motion.