In re Garcia CA4/3
Salvador Garcia seeks relief from the failure to file a timely notice of appeal. The petition is granted.
Following a jury trial Garcia was sentenced to 40 years to life. In his declaration trial counsel states that after discussing issues that would be preserved for appeal, counsel advised petitioner that he would file a notice of appeal on his behalf. Counsel’s declaration states that although he prepared the notice of appeal, it was inadvertently never filed.
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