Filed 9/28/18 In re Nicholson CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| In re
DALE NICHOLSON,
On Habeas Corpus.
| F077639
(Stanislaus Super. Ct. No. 2064088)
OPINION |
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.
Alex Green, for Petitioner.
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Max Feinstat and Kevin M. Cornwall, Deputy Attorneys General, for Respondent.
-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 the order stated that its failure to do so would be treated as agreement to the requested relief being granted without further proceedings.
The response filed by the Attorney General conceded that petitioner is entitled to appropriate relief and is, in accordance with our order filed on July 31, 2018, deemed to constitute an agreement that the requested relief be granted without further proceedings. (People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7.)
Accordingly, petitioner is entitled to a belated appeal.
DISPOSITION
Petitioner is directed to cause a notice of appeal to be filed on or before 60 days from the date of this order in Stanislaus County Superior Court action number 2064088.
Let a writ of habeas corpus issue directing the Clerk of the Superior Court for Stanislaus County to file said notice of appeal in its action number 2064088, 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 order.
This opinion is final forthwith as to this court.
* Before Levy, Acting P.J., Peña, J., and DeSantos, J.
