Opinion
F082462
08-19-2021
In re RICKY LEE COKER, On Habeas Corpus.
Steven A. Torres for Petitioner. Office of the State Attorney General, Sacramento, California, for Respondent.
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Super. Ct. No. BF169369A
Steven A. Torres for Petitioner.
Office of the State Attorney General, Sacramento, California, for Respondent.
OPINION
THE COURT[ *] 1
This petition seeks a belated appeal from a judgment rendered at a resentencing hearing on October 2, 2020. Petitioner asserts that he, his counsel, and the district attorney were not present at the hearing, and that he only learned of the trial court's actions when he received an updated release date from the California Department of Corrections and Rehabilitation in mid-November. After corresponding with his appellate and trial counsel, he filed a notice of appeal in the trial court on January 21, 2021.
Upon review of the instant petition, this court filed the following order on May 21, 2021:
“This court is in receipt of a petition for writ of habeas corpus filed by petitioner on March 4, 2021. The Attorney General is directed to file an informal response to said petition on or before 20 days from the date of this order. The failure to file a response shall be deemed agreement that petitioner should be granted, without further proceedings, a belated appeal or other relief. (People v. Romero (1994) 8 Cal.4th 728.)
“In the event the Attorney General files an informal response, petitioner is granted leave to file a reply on or before 15 days after the informal response is filed.
“The Clerk/Executive Officer of this court is directed to send a copy of the above entitled petition to the Attorney General along with this order.”
In accordance with our order filed on May 21, 2021, the Attorney General's failure to file a response within 20 days is deemed to constitute agreement that the requested relief be granted without further proceedings. (People v. Romero, supra, 8 Cal.4th at p. 740, fn. 7.) In addition to the Attorney General's non-opposition, petitioner makes a prima facie showing he was unaware of his appellate right. (People v. Castillo (1969) 71 Cal.2d 692.) Therefore, we grant petitioner's request to file a belated notice of appeal.
DISPOSITION
Let a writ of habeas corpus issue directing the Clerk of the Superior Court of Kern County to file in its action No. BF169369A the notice of appeal it received on January 21, 2021, to deem said notice of appeal to be 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.
This opinion is final forthwith as to this court.
[*] Before Franson, Acting P.J., Meehan, J. and DeSantos, J.