In re Moreno CA5
On September 15, 2017, the Attorney General filed an informal response. With respect to petitioner’s request for a belated appeal from the sentence imposed on March 24, 2017, the informal response stated, “respondent does not oppose the petition as he appears to have made a prima facie case for ineffective assistance of counsel. (See Roe v. Flores-Ortega (2000) 528 U.S. 470, 478.)” Respondent is correct because petitioner asserts under penalty of perjury that he did not know he could file an appeal, he was never so informed by his attorney, and he “just found out of this in prison.”
The informal response opposed granting petitioner a belated appeal from his original conviction and sentence in May 2016 because petitioner did not make any effort to excuse his delay. Respondent is correct. (In re Anderson (1971) 6 Cal.3d 288.)
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