In re Speakes
By this petition for writ of habeas corpus, appellant, seeks a declaration that his notice of appeal in was constructively and timely filed.
Respondent concedes that petitioner is entitled to the relief he seeks and waives issuance of an order to show cause. Respondent also waives oral argument and stipulates to the immediate issuance of the remittitur.
Therefore, the petition for writ of habeas corpus is granted to the extent that the notice of appeal filed by the superior court is deemed constructively and timely filed.
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