Opinion
F080094
01-03-2020
In re MICHAEL AARON RICKS, On Habeas Corpus.
Michael Aaron Ricks, in pro. per., for Petitioner. Xavier Becerra, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Fresno Super. Ct. No. F16904900)
OPINION
THE COURT ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Michael Aaron Ricks, in pro. per., for Petitioner. Xavier Becerra, Attorney General, Michael P. Farrell, Assistant Attorney General, and Max Feinstat, Deputy Attorney General, for Respondent.
Before Poochigian, Acting P.J., Franson, J., and Smith, J. --------
-ooOoo-
Petitioner seeks permission to file a belated notice of appeal. The Attorney General was given an opportunity to file 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. On December 13, 2019, the Attorney General filed a response conceding that petitioner's allegations appear to be sufficient to make a prima facie showing for relief from default.
The Attorney General's response conceding petitioner has made a prima facie showing for relief from default, in accordance with our order filed on December 11, 2019, 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.)
Additionally, the entitlement to a belated appeal encompasses as complete an appeal as a defendant may be entitled to, which would include in this case the opportunity to file a request for a certificate of probable cause. (Cf. In re Jordan (1992) 4 Cal.4th 116, 131, fn. 9; In re Benoit (1973) 10 Cal.3d 72, 86-87, 89; People v. Tucker (1964) 61 Cal.2d 828, 832); People v. Graff (1951) 104 Cal.App.2d 32, 34.)
Therefore, we grant petitioner's request to file a belated notice of appeal and certificate of probable cause, if necessary.
DISPOSITION
Petitioner is directed to file, on or before 60 days from the date of this opinion, a notice of appeal and request for a certificate of probable cause in Fresno County Superior Court action No. F16904900.
Let a writ of habeas corpus issue directing the Clerk of the Superior Court for Fresno County to file said request in its action number F16904900, 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 opinion.
This opinion is final forthwith as to this court.