In re Fierro

Petitioner was convicted of voluntary manslaughter in the Superior Court of Kern County and was sentenced on June 3, 1983. His appeal to this court was dismissed on the court’s own motion on February 24, 1984, for having failed to file an opening brief. (Cal. Rules of Court, rule 17(a) [hereinafter rule 17(a)].) The remittitur issued on April 25, 1984. Petitioner seeks an order recalling the remittitur and an order vacating the order dismissing the appeal and reinstating the appeal.

The matter is before us on an order to show cause issued by the Supreme Court, made returnable in this court. The director of the Department of Corrections has filed a return to the order to show cause, and petitioner, through appointed counsel, has filed a traverse to the return. Oral argument has been waived.

*545 Petitioner was initially committed to the Department of Corrections at Chino. On July 7, 1983, petitioner filed a timely in propria persona notice of appeal with the Clerk of Kern County, who in turn forwarded a copy to this court. It was received by this court on July 8, 1983. The county clerk’s office advised the Court of Appeal that petitioner’s address was the California…