In re Hinton
Filed 10/11/07 In re Hinton CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
In re ARLANDIS HINTON on Habeas Corpus. | B201726 (Los Angeles County Super. Ct. No. PV00063) |
APPEAL from an order of the Superior Court of Los Angeles County denying a petition for writ of habeas corpus. Peter P. Espinoza, Judge. Dismissed.
The Law Offices of Duane R. Folke and Duane R. Folke for Petitioner.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Charles Chung, Deputy Attorney General, for Respondent.
Defendant, Arlandis Hinton, purports to appeal from the denial of a habeas corpus petition. We noted that the order under review may not be appealable. We have duty to raise issues concerning our own jurisdiction on our own motion. (Jenningsv. Marralle (1994) 8 Cal.4th 121, 126; Olsonv. Cory (1983) 35 Cal.3d 390, 398.) As a result, we issued an order to show cause concerning possible dismissal of the appeal and set the matter for oral argument.
The denial of a habeas corpus petition is not appealable. (In re Clark (1993) 5 Cal.4th 750, 767, fn. 7; In re Hochberg (1970) 2 Cal.3d 870, 876, disapproved on other grounds in In re Fields (1990) 51 Cal.3d 1063, 1070, fn. 3.) Relief can only be secured by filing a new habeas corpus petition before our court. (See In re Clark, supra, 5 Cal.4th at p. 767, fn. 7 [Because no appeal lies from the denial of a petition for writ of habeas corpus, a prisoner whose petition has been denied by the superior court can obtain review of his claims only by the filing of a new petition in the Court of Appeal.].) There is no merit to defendants argument that we should treat his notice of appeal as a habeas corpus petition. The notice of appeal fails to comply with any of the statutory requirements for a habeas corpus petition. (Pen. Code, 1475; People v. Duvall (1995) 9 Cal.4th 464, 474-475.) Further, defendant, who is represented by counsel, is free to file an original habeas corpus petition with this court.
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J.
MOSK, J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Property line attorney.
