Opinion
NOT TO BE PUBLISHED
Original proceedings; petition for a writ of habeas corpus to permit the filing of a late notice of appeal to challenge a judgment of the Superior Court of Orange County No. 02NF0938, Ronald P. Kreber, Judge.
Anita Jog for Petitioner.
Edmund G. Brown, Jr., Attorney General, and Gary W. Schons, Senior Assistant Attorney General, for Respondent.
OPINION
Before Rylaarsdam, Acting P. J., Moore, J., and Fybel, J.
On remand for re-sentencing, petitioner Ana Segura was sentenced to life in prison with the possibility of parole for kidnapping. She asked, and defense counsel agreed, to file a notice of appeal on her behalf. The notice of appeal was timely prepared but counsel miscalculated the final day to file the notice of appeal and submitted it one day late. This petition for relief was filed within a very short period after petitioner first became aware the notice of appeal had not been timely filed. (In re Benoit (1973) 10 Cal.3d 72.)
The Attorney General was served with a copy of the petition. He advises us that he does not oppose the relief requested.
The principle of constructive filing of a notice of appeal in a criminal case is applied in situations where, as here, defendant asks trial counsel to file a notice of appeal on defendant’s behalf, counsel agrees to file such notice, but counsel fails to do so in a timely matter due to no fault of appellant. (In re Benoit, supra, 10 Cal.3d at pp. 87-88; see Pen. Code, § 1240.1, subd. (b).)
Good cause appearing, and the Attorney General having effectively waived the necessity of issuing an order to show cause, the petition for relief is granted. On petitioner’s behalf, attorney Anita Jog is directed to prepare and file a notice of appeal in Orange County Superior Court case number 02CF0938, and the clerk of the superior court is directed to accept the notice for filing, if it is presented within 20 days of this opinion becoming final. In the interests of justice, this opinion is deemed final forthwith.