Fear Not Law Articles: In re Saechao

In re Saechao

Filed 1/9/09 In re Saechao 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

In re KAO KUANG SAECHAO,

On Habeas Corpus.

F055993

(Merced Sup. Ct. 29028)

THE COURT^*

ORIGINAL PROCEEDING; petition for writ of habeas corpus.

Kao Kuang Saechao, in pro. per., for Petitioner.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lloyd G. Carter and Louis M. Vasquez, Deputy Attorneys General, for Respondent.

-ooOoo-

Pursuant to this courts orders of September 9, 2008 and November 5, 2008, and the informal responses filed by the Attorney General, this court concludes the Attorney General agrees that petitioner is entitled to appeal the order filed on May 2, 2008, and relief should issue without further proceedings. (People v. Romero (1994) 8 Cal.4th 728; 22B Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 639, pp. 300-301; 22C Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 939, pp. 216-218.)

Let a writ of habeas corpus issue directing the Superior Court Clerk of Merced County to deem the notice of appeal filed in Merced County Superior Court action No. 29028 on or about June 24, 2008, to be timely filed and operative from the order filed on May 2, 2008, and to cause a normal record on appeal to be prepared and served on the parties and filed in this court in accordance with the applicable rules of the California Rules of Court on or before 75 days from the date of this opinion.

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^* Before Vartabedian, Acting P.J., Gomes, J. and Kane, J.

Description	Pursuant to this courts orders of September 9, 2008 and November 5, 2008, and the informal responses filed by the Attorney General, this court concludes the Attorney General agrees that petitioner is entitled to appeal the order filed on May 2, 2008, and relief should issue without further proceedings. (People v. Romero (1994) 8 Cal.4th 728; 22B Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 639, pp. 300-301; 22C Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 939, pp. 216-218.) Let a writ of habeas corpus issue directing the Superior Court Clerk of Merced County to deem the notice of appeal filed in Merced County Superior Court action No. 29028 on or about June 24, 2008, to be timely filed and operative from the order filed on May 2, 2008, and to cause a normal record on appeal to be prepared and served on the parties and filed in this court in accordance with the applicable rules of the California Rules of Court on or before 75 days from the date of this opinion.
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