In re Alvarez CA5
Petitioner seeks permission to file a belated notice of appeal under the doctrine of constructive filing. (In re Benoit (1973) 10 Cal.3d 72, 81–82.) The Attorney General filed a response to the request stating that 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, we conclude petitioner is entitled to relief.
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