Opinion
F080391
03-19-2020
In re CLAY A. HARRIS, On Habeas Corpus.
Clay A. Harris, in pro. per. Xavier Becerra, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Stanislaus Super. Ct. No. CR-19-002668)
OPINION
THE COURT ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Clay A. Harris, in pro. per. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Max Feinstat, Deputy Attorney General, for Respondent.
Before Franson, Acting P.J., Meehan, J., and DeSantos, J. --------
-ooOoo-
Petitioner seeks permission to file a belated notice of appeal. The Attorney General filed a response to the request stating that petitioner's "allegations appear to be sufficient to make a prima facie showing for relief from default under the doctrine of constructive filing. (In re Benoit (1973) 10 Cal.3d 72, 81-82.)"
Accordingly, we conclude petitioner is entitled to relief.
DISPOSITION
Petitioner is granted leave to file a notice of appeal on or before 60 days from the date of this order in Stanislaus County Superior Court action No. CR-19-002668.
Let a writ of mandate issue directing the Clerk of the Superior Court for Stanislaus County to file said request in its action number No. CR-19-002668, 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 of the date of this order.
This opinion is final forthwith as to this court.