In re Thompson CA5
Petitioner seeks permission to file a belated notice of appeal based on trial counsel’s failure to file an appeal following enactment of Senate Bill No. 180 (2017-2018 reg. Sess.) effective October 11, 2017, 13 days after petitioner’s sentencing on September 28, 2017. The new legislation made a three-year sentencing enhancement under Health and Safety Code section 11370.2, subdivision (c), inapplicable to petitioner.
The Attorney General was given an opportunity to file opposition to the request and told that its failure to do so would be treated as consent to the requested relief being granted without further proceedings. The Attorney General filed an informal response agreeing petitioner’s “allegations appear to be sufficient to make a prima facie showing for relief from default under the Sixth Amendment right to counsel. (Roe v. Flores-Ortega (2000) 528 U.S. 470, 480.)”
Accordingly, this court concludes petitioner is entitled to relief.
Comments on In re Thompson CA5