In re Gamboa CA5
Opinion
Opinion
Filed 10/17/24 In re Gamboa CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re F088435
DAVID GAMBOA, (Kern Super. Ct. No. BF191744A)
On Habeas Corpus. OPINION
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. David Gamboa, in pro. per., for Petitioner. Office of the State Attorney General, Sacramento, California, for Respondent. -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.) Petitioner states that he relied on his counsel’s express assurances that his counsel would file a notice of appeal and that counsel…