Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. BH003811, Steven R. Van Sicklen, Judge.
Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
TURNER, P. J.
Defendant, Edward Renee Harden, purports to appeal from the denial of a habeas corpus petition. We noted that the order under review may not be appealable. We have a duty to raise issues concerning our own jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) As a result, we issued an order to show cause concerning possible dismissal of the appeal and set the matter for oral argument.
The denial of a habeas corpus petition is not appealable. (In re Clark (1993) 5 Cal.4th 750, 767, fn. 7; In re Hochberg (1970) 2 Cal.3d 870, 876, disapproved on other grounds in In re Fields (1990) 51 Cal.3d 1063, 1070, fn. 3.) Relief can only be secured by filing a new habeas corpus petition before our court. (See In re Clark, supra, 5 Cal.4th at p. 767, fn. 7 [“Because no appeal lies from the denial of a petition for writ of habeas corpus, a prisoner whose petition has been denied by the superior court can obtain review of his claims only by the filing of a new petition in the Court of Appeal”].) There is no merit to defendant’s argument that we should treat his notice of appeal as a habeas corpus petition. The notice of appeal fails to comply with any of the statutory requirements for a habeas corpus petition. (Pen. Code, § 1475; People v. Duvall (1995) 9 Cal.4th 464, 474-475.) Further, defendant, who is represented by counsel, is free to file an original habeas corpus petition with this court.
The appeal is dismissed.
We concur: ARMSTRONG, J. KRIEGLER, J.