In re Valencia CA5

STATEMENT OF FACTS

On December 12, 2013, petitioner was convicted of three counts of robbery with the use of a deadly weapon. He was sentenced six months later on June 20, 2014, to 32 years 8 months in prison. On August 14, 2014, due to counsel’s failure to file a notice of appeal, petitioner filed his own notice of appeal in Stanislaus County Superior Court. In the notice of appeal, petitioner mistakenly indicated the date of the rendition of judgment as December, 12, 2013 (the date of his conviction), instead of June 20, 2014 (the date of his sentencing). The superior court did not catch his mistake, and deemed his notice of appeal untimely.1 On January 22, 2015, petitioner filed a writ of habeas corpus in this court. On March 13, 2015, this court invited the Attorney General to respond to this court’s considering granting the petition for habeas corpus because it appeared the notice of appeal was timely filed. On April 3, 2015, the Attorney General filed an informal response informing this court that it does not oppose petitioner’s request to file a belated appeal. Despite petitioner’s error of indicating his December 12, 2013, conviction as the date of rendition of judgment,…