In re Martino CA5

STATEMENT OF FACTS

Petitioner filed a petition for writ of habeas corpus in this court that sought permission to file a belated appeal from his June 14, 2013, felony conviction in Tulare County Superior Court case No. VCF267271B. The convictions followed petitioner’s entry of a nolo contendere plea. Petitioner claims his trial attorney failed to timely file a

* Before Hill, P.J., Cornell, J., and Kane, J. notice of appeal on his behalf despite being asked to do so. He also asserts that his trial attorney failed to inform him of his right to appeal. The record shows a second attorney told petitioner he had 90 days to file the notice of appeal. The second attorney shared the same business address as petitioner’s trial counsel but did not represent petitioner at the time the statement was made. Petitioner filed his notice of appeal within the 90 days but the superior court rejected his notice as untimely.

DISCUSSION

A notice of appeal in a felony matter must be filed within 60 days of the date of the rendition of the judgment. (Cal. Rules of Court, rules 8.304, 8.308.) Judgment is rendered at the time it is orally pronounced. (People v. Thomas (1959) 52 Cal.2d 521, 529,…