Opinion
S275071
03-15-2023
HARPER (STEVEN) ON H.C.
Transferred to Court of Appeal, Fourth Appellate District, Division One
In light of the Attorney General's concession in his January 24, 2023, informal response and the Attorney General's implied waiver of the issuance of an order to show cause, petitioner's request for constructive filing of his late notice of appeal from the denial of his resentencing petition is granted and the matter is remanded to the Court of Appeal, Fourth Appellate District, Division One, to consider the merits of petitioner's appeal as though a timely notice of appeal had been filed in the first instance. (People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7; Cal. Rules of Court, rule 8.528(d); In re Benoit (1973) 10 Cal.3d 72.)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.