In re Ruiz CA5

STATEMENT OF FACTS

On May 12, 2014, petitioner filed in this court a “Petition for Writ of Mandate.” This court deems said pleading to be a petition for writ of habeas corpus. In the petition, petitioner asserts that his trial attorney failed to fulfill his promise to timely file a notice of appeal from his convictions in Superior Court of Tulare County

* Before Cornell, A.P.J., Gomes, J., and Franson, J. case No. PCF290775. The convictions followed the denial of petitioner’s motion to suppress and his entry of no contest pleas. Petitioner’s former counsel admits he promised to timely file a notice of appeal on petitioner’s behalf and inadvertently failed to keep that promise. The Attorney General was given an opportunity to file opposition to the petition but did not respond in the time allowed.

DISCUSSION

Judgment is rendered at the time it is orally pronounced. (People v. Thomas (1959) 52 Cal.2d 521, 529, fn. 3.) A notice of appeal must be filed within 60 days of the date of the rendition of the judgment. (Cal. Rules of Court, rule 8.308.) A criminal defendant has the burden of timely filing a notice of appeal, but the burden may be delegated to trial counsel. (In re…