In re Michael L.
Petitioner,seeks a writ of habeas corpus directing the County of Contra Costa Superior Court to accept his notice of appeal as timely filed. Petitioner has established a prima facie case that he is incarcerated, that he requested trial counsel to file a notice of appeal, and that counsel prepared a notice but inadvertently failed to file it timely.
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 dated July 6, 2006 in In re Michael L. is deemed constructively, timely filed.
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