Opinion
F086366
07-20-2023
In re JOSEPH OJEDA, On Habeas Corpus.
Joseph Ojeda, in pro. per., for Petitioner. Office of the State Attorney General, Sacramento, California, for Respondent.
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Tulare Super. Ct. No. PCF385196
Joseph Ojeda, in pro. per., for Petitioner.
Office of the State Attorney General, Sacramento, California, for Respondent.
OPINION
THE COURT
Petitioner seeks permission to file a belated notice of appeal under the doctrine of constructive filing. (In re Benoit (1973) 10 Cal.3d 72, 81-82.) Respondent 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 Sixth Amendment right to counsel. (Roe v. Flores-Ortega (2000) 528 U.S. 470, 480.)"
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 Tulare County Superior Court action No. PCF385196.
Let a writ of mandate issue directing the Clerk of the Tulare County Superior Court to file said request in its action No. PCF385196, 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.
Before Levy, Acting P. J., Pena, J. and Snauffer, J.