Opinion
F086812
11-21-2023
In re CEDRIC LYNN STRUGGS, On Habeas Corpus
Cedric Lynn Struggs, in pro. per., for Petitioner. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Max Feinstat, Deputy Attorney General, for Respondent.
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus Kern Super. Ct. No. 021518B.
Cedric Lynn Struggs, in pro. per., for Petitioner.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Max Feinstat, Deputy Attorney General, for Respondent.
OPINION
THE COURT
Petitioner seeks permission to file a belated notice of appeal. The Attorney General was given an opportunity to file an opposition to the request and told that its failure to do so would be treated as consent to the requested relief being granted without further proceedings. The Attorney General provided a response on November 20, 2023, stating petitioner's allegations appear to be sufficient to make a prima facie showing for relief from default under the Sixth Amendment's right to counsel.
The Attorney General's concession, in accordance with our order filed on November 7, 2023, is deemed to constitute an agreement that the requested relief ought to be granted without further proceedings. (People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7.)
Therefore, we grant petitioner's request to file a belated notice of appeal.
DISPOSITION
Petitioner is directed to file, on or before 60 days from the date of this opinion, a notice of appeal in Kern County Superior Court case No. 021518B.
Let a writ of habeas corpus issue directing the Clerk of the Superior Court for Kern County to file said request in its case No. 021518B, to treat it as timely filed, and to proceed with the preparation of the record on appeal in accordance with the applicable rules of the California Rules of Court if the clerk of that court receives said request on or before 60 days from the date of this opinion.
This opinion is final forthwith as to this court.
Before Levy, Acting P. J., Pena, J. and Snauffer, J.