In Re Gallego

MOSK, J., Concurring.

I concur in the result.

I agree that we must discharge the order to show cause. I do so because I believe that petitioner has not alleged specific facts that would entitle him to relief on habeas corpus. I would rest on the merits, and would not proceed to any of the so-called “procedural bars,” including that of untimeliness. (See In re Robbins (1998) 18 Cal.4th 770, 815-817 [77 Cal.Rptr.2d 153, 959 P.2d 311] (cone. opn. of Mosk, J.).)