In re Fulford
Petitioner challenges the superior courts order denying his request for appointment of counsel under Penal Code section 1405, subdivision (b).
In the interest of judicial economy, we elect to treat this appeal as a petition for writ of habeas corpus. (Cf. People v. Gallardo (2000) 77 Cal.App.4th 971, 976, 987-989 [notice of appeal ordered refiled as a petition for writ of habeas corpus and considered separately].) The People concede that, Assuming [petitioner] is in fact an indigent prisoner serving time for a felony conviction, and that he had not previously been appointed DNA counsel, the court erred in refusing his request. Because Court can infer these facts from the record, which includes the items of which we take judicial notice, Court grant the petition and direct the superior court to grant petitioners request for appointment of counsel.
Comments on In re Fulford