In re Diaz CA5
Opinion
Opinion
Filed 8/18/22 In re Diaz CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re F084549
ANTONIO DIAZ, (Kern Super. Ct. No. SF019775B)
On Habeas Corpus. OPINION
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Central California Appellate Program and Bradley A. Bristow, for Petitioner. -ooOoo- Petitioner seeks permission to file a belated notice of appeal under the doctrine of constructive filing. (In re Benoit (1973) 10 Cal.3d 72, 81–82.) The Attorney General was provided the opportunity to respond and was notified that “[t]he failure to file a response shall be deemed agreement that petitioner should be granted, without further…