Does the Attorney General have any authority or authority to grant a motion to dismiss the Petitioner's claim that he is a habitual criminal?

As earlier stated, Palmers petition is unquestionably not moot, as he remains in constructive custody. ( In re Wells , supra , 46 Cal.App.3d at p. 596, 121 Cal.Rptr. 23, quoting In re Sturm, supra, 11 Cal.3d at p. 265, 113 Cal.Rptr. 361, 521 P.2d 97 ; Berman v. Cate, supra, 187 Cal.App.4th at p. 892, 114 Cal.Rptr.3d 49.) The cases upon which the Attorney General relies dealt with entirely different circumstances. In re Ponce (1966) 65 Cal.2d 341, 343, 54 Cal.Rptr. 752, 420 P.2d 224, held that a challenge to the determination that the petitioner was a habitual criminal was moot because the legal effect of that determination was to make him ineligible for parole until he had served a minimum of nine years, and he had already served that minimum term, been released on parole, and returned to prison for another crime. In

[33 Cal.App.5th 1223]