In re Pineda CA4/2

INTRODUCTION

Following a jury trial, petitioner was found guilty of second degree murder and a

personal gun use enhancement was found true. On June 12, 2006, he was sentenced to

years to life in prison.

1 His first challenge to this judgment occurred in April 2012 when he filed a petition

for habeas corpus in the superior court. That petition was summarily denied on the

ground it was untimely. In a subsequent habeas corpus petition filed in this court,

petitioner claimed various instances of trial counsel’s ineffectiveness, including the

latter’s failure to file a timely notice of appeal. We summarily denied the petition

without comment.

Petitioner then filed a petition for writ of habeas corpus in the Supreme Court that

raised virtually identical claims of ineffective assistance of counsel. After obtaining an

informal response and reply, the Supreme Court directed the Director of the Department

of Corrections and Rehabilitation to show cause before this court “why trial counsel was

not ineffective for failing to file a notice of appeal after petitioner’s sentencing hearing,

and why petitioner should not be permitted to file a constructive notice of appeal.…