Filed 10/27/26 In re Browns CA5
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
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has not been certified for publication or or dered published for purposes of rule 8.1115.RNIA
IN THE COURT OF APPEAL OF THE STATE OF CALIFO
FIFTH APPELLATE DISTRICT
In re F092135
ANTHONY BROWNS, (Kings Super. Ct. No. 25CM0872B)
On Habeas Corpus. OPINION
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.
Anthony Browns, in pro. per., for Petitioner.
Office of the State Attorney General, Sacramento, California, for Respondent.
-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.) Respondent filed a
response stating it does not oppose petitioner’s request.
Accordingly, we conclude petitioner is entitled to relief.
* Before Levy, A.P.J., Meehan, J. and Guerra, J.
DISPOSITION
Petitioner is granted leave to file a notice of appeal on or before 60 days from the
date of this order in Kings County Superior Court action No. 25CM0872B.
Let a writ of mandate issue directing the Clerk of the Kings County Superior Court
to file said request in its action No. 25CM0872B, to treat it as timely filed, and to proceed
with the preparation of the record on appeal in accordance with the applicable rules of the
California Rules of Court if the clerk of that court receives said request on or before
60 days from the date of this order.
This opinion is final forthwith as to this court.
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