In re Eccher
Filed 5/15/06 In re Eccher CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
In re GARY ECCHER on Habeas Corpus. | G034919 (Super. Ct. No. M-10068 X A) O P I N I O N |
Appeal from a final order of the Superior Court of Orange County, Daniel J. Didier, Judge. Dismissed.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, Michelle Des Jardins, Jane Catherine Malich, and Heather L. Bushman, Deputy Attorneys General, for Respondent.
John L. Dodd for Petitioner.
Respondents Board of Prison Terms (the Board) and Tom Carey, warden of California State Prison-Solano, appeal from an order granting prisoner Gary Eccher's petition for a writ of habeas corpus. The court found the Board lacked a factual basis for its determination petitioner was unsuitable for parole.
We dismiss this appeal on two independent grounds.
First, the Attorney General's notice of appeal was untimely. (See People v. Mendez (1999) 19 Cal.4th 1084, 1094 [â€