In Re Chavez

Esteban Noe Chavez seeks an order granting relief from his failure to timely request a certificate of probable cause and file a notice of appeal. (Cal. Rules of Court, rule 45(e); see In re Benoit (1973) 10 Cal.3d 72 , 109 Cal.Rptr. 785 , 514 P.2d 97 .) For good cause shown, we grant the relief requested.

An information charged Chavez with possession and transportation of heroin (counts 1, 2), and alleged enhancements for possession of more than 14.5 grams for sale and a first "strike" prior felony conviction. On October 13, 1999, Chavez, at his attorney's direction, pleaded guilty to counts 1 and 2 and admitted the enhancements in exchange for an eight-year indicated term.

On January 28, 2000, Chavez, represented by new counsel, filed a motion to withdraw his guilty plea. In supporting papers, he argued his attorney "did not inform him of any trial strategies, offered [ ] no suggestions for a defense, and urged him to simply plead guilty to the Information as the jurors assembled moments before [ ] jury selection was to begin.... [Counsel] did not inform him of the elements of the offenses nor any possible defenses...." On February 25, 2000, the court denied the…