Garrett

Appellant Montell Garrett seeks to appeal an order denying his petition for a writ of habeas corpus. Respondent has moved to dismiss the appeal on several grounds, one being that the order is not appealable. We agree with respondent, but for the reasons stated below elect to treat the appeal as a petition for writ of habeas corpus.

Appellant was convicted, following a jury trial, of one count of trespassing in violation of Penal Code section 602 and one count of kidnapping in violation of section 207. The jury found true the allegations that appellant had suffered two prior serious felony convictions within the meaning of section 667, subdivisions (b) through (i) (the three strikes law) and section 667, subdivision (a). One of these convictions was for forcible rape (§ 261, subd. (a)(2)) on February 2, 1990 and the other was for assault with a deadly weapon (§ 245, subd. (a)(1)) on December 6, 1992. The trial court sentenced appellant to a term of 35 years to life in state prison, consisting of a term of 25 years to life pursuant to the three strikes law plus 2 five-year enhancement terms pursuant to section 667, subdivision (a).

Appellant appealed from the judgment of…