Tippett

ORDER DENYING PETITION FOR HABEAS CORPUS

Petitioner, a California State Prisoner is presently incarcerated in San Quentin State Prison, Tamal, California. Here he now seeks to attack a sentence of six months to life imposed on him June 22, 1967, in Los Angeles Superior Court following his plea of guilty to violating Penal Code § 211 (Robbery, 2nd Degree).

Petitioner did not appeal this conviction and alleges that he was neither aware nor informed of his right to appeal. Petitioner charges that he sought post-conviction relief by filing a Petition for Writ of Habeas Corpus in Los Angeles Superior Court which was denied June 29, 1967. He also filed a “Motion for a Vacate of Judgment” in the same Court which was denied September 19, 1967. Petitioner subsequently filed an untimely Notice of Appeal which was marked by the Clerk of the State Court of Appeal “received Oct. 4, 1967 but not filed” pending the further filing of a petition for relief from late filing under Rule 31(a) of the California Rules of Court. But petitioner failed to apply for this relief. Petitioner states that he had also sought a Writ of Habeas Corpus from the California Supreme Court which was denied September…