Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDING; petition for writ of mandate.
Jimmy Wu, in pro. per., for Petitioner.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Amy Daniel, Deputy Attorney General, for Respondent.
OPINION
Before Ardaiz, P.J., Gomes, J. and Dawson, J.
This court deems the petition for writ of habeas corpus filed on May 22, 2009, to be a petition for writ of mandate and will grant peremptory relief.
On December 22, 2008, petitioner submitted a petition for writ of habeas corpus to the Superior Court of Kings County. The petition was rejected on December 30, 2008, due to missing pages. Petitioner attempted to correct the error and resubmitted the petition only to have it again rejected on January 22, 2009, based on missing page 3.
A review of the petition for writ of habeas corpus submitted by petitioner reveals the petition includes page 3. The pagination, however, reads “Page 4 o 3,” apparently based on petitioner’s failure to completely white-out the preprinted page number on page 3. However the text of page 3 logically follows from the text at the end of page 2.
Petitioner is directed to refile with the Superior Court of Kings County, on or before 20 days from the date of this opinion, the previously rejected petition for writ of habeas corpus.
Let a peremptory writ of mandate issue directing the Superior Court of Kings County to file the above referenced petition for writ of habeas corpus and to process the petition in accordance with the applicable rules of the California Rules of Court.