In re Diaz CA5
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.
Central California Appellate Program and Bradley A. Bristow, for Petitioner.
-ooOoo-
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 was provided the opportunity to respond and was notified that “[t]he failure to file a response shall be deemed agreement that petitioner should be granted, without further proceedings, a belated appeal.” The time to respond has elapsed, and the Attorney General did not provide a response. Petitioner, in his declaration, provided his statements under the penalty of perjury regarding his conversations near the time of sentencing during which counsel agreed to file a notice of appeal.
Accordingly, we conclude petitioner is entitled to relief.

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