In re Marshall CA4/3

Good Law
Court of Appeal of CaliforniaOctober 6, 2022G061828California1,596 words

Opinion

Opinion

Filed 10/6/22 In re Marshall CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

G061828

In re HOWARD MARSHALL, (Super. Ct. No. SWF009818) on Habeas Corpus.

OPINION

Original proceedings; petition for writ of habeas corpus to file a late notice of appeal. Petition granted. Aaron J. Schechter for Petitioner. Rob Bonta, Attorney General, and Charles G. Ragland, Senior Assistant Attorney General for Respondent.

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THE COURT:*

Petitioner Howard Marshall seeks relief from the failure to file a timely notice of appeal, and to have it deemed constructively filed under the authority of In re Benoit (1973) 10 Cal.3d 72. The petition is granted. Petitioner is the defendant in the case of People v. Marshall, Riverside County Superior Court Case No. SWF009818. He is…

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