In re Hernandez
Petitioner Abraham Hernandez was sentenced to prison following his conviction by a jury of numerous crimes. It is undisputed that at the sentencing hearing petitioner told trial counsel he wanted to appeal, and that his attorney promised he would file a notice of appeal on his behalf. Although trial counsel prepared a notice of appeal, one was never filed and trial counsel does not know why. A petition for relief for failure to file a timely notice of appeal was quickly filed by Appellate Defenders, Inc. (See In re Benoit (1973) 10 Cal.3d 72.)
The Attorney General was served with a copy of the petition. He advises us he does not oppose the relief requested and thus relief may be granted without the filing of an order to show cause. Good cause appearing, the petition is granted without the necessity of the filing of an order to show cause.
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