Filed 10/21/26 In re Lilly CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or or dered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re F091903
DAVID LOPEZ LILLY, (Kern Super. Ct. No. BF143959A)
On Habeas Corpus. OPINION
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.
David Lopez Lilly, 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
The Clerk/Executive Officer of this court is directed to make copies of the notice
of appeal and request for certificate of probable cause attached to this petition and to
forward them, along with this decision, to the Kern County Superior Court.
Let a writ of habeas corpus issue forthwith directing the clerk of the Kern County
Superior Court to file the forwarded notice of appeal and certificate of probable cause in
its action No. BF143959A, to treat them as timely filed and as if bearing petitioner’s
original signature, and to proceed in accordance with the applicable rules of the
California Rules of Court. This court expresses no opinion as to the merits of petitioner’s
request for a certificate of probable cause.
A copy of this opinion shall be sent to the Central California Appellate Program.
This opinion is final forthwith.
2