Fear Not Law Articles: P. v. Garza

P. v. Garza

Filed 3/6/07 P. v. Garza 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

NOE GARZA,

Defendant and Appellant.

F052183

(Super. Ct. No. 176504)

O P I N I O N

THE COURT^*

APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge.

Noe Garza, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

-ooOoo-

Appellant concedes that this appeal is taken from an order denying his petition for writ of habeas corpus. Such orders are nonappealable. (Matter of Zany (1913) 164 Cal. 724, 726-727; People v. Ryan (1953) 118 Cal.App.2d 144, 149.)

Upon the denial by a superior court of a petition for writ of habeas corpus, a petitioners remedy is to file a petition in the court of appeal. (Matter of Zany, supra, 164 Cal. 724, 726-727.)

The appeal in the above entitled action is dismissed.

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^*Before Vartabedian, Acting P.J., Gomes, J., and Dawson, J.

Description	Appellant concedes that this appeal is taken from an order denying his petition for writ of habeas corpus. Such orders are nonappealable. (Matter of Zany (1913) 164 Cal. 724, 726-727; People v. Ryan (1953) 118 Cal.App.2d 144, 149.) Upon the denial by a superior court of a petition for writ of habeas corpus, a petitioners remedy is to file a petition in the court of appeal. (Matter of Zany, supra, 164 Cal. 724, 726-727.) The appeal in the above entitled action is dismissed.
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