In re Byrd CA5

STATEMENT OF FACTS

On December 10, 2013, appellant filed in this court a petition for writ of habeas corpus that raises issues regarding his counsel’s failure to timely file a notice of appeal from his felony conviction in Kings County Superior Court case number 13CM0784. The conviction followed petitioner’s entry of a guilty plea. Petitioner asserts that his trial counsel promised to timely file a notice of appeal on his behalf but failed to follow through on that promise. Petitioner was diligent in his

 Before Hill, P.J., Kane, J., and Franson, J. efforts to learn whether the notice had been filed and, once he discovered it had not been filed, his efforts to learn what had to be done to seek relief from trial counsel’s failure. The Attorney General has no objection to this Court granting petitioner the limited relief sought.

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…