In re Shanholtzer























Filed 10/18/10 In re Shanholtzer CA4/3











NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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



FOURTH APPELLATE
DISTRICT



DIVISION THREE


>

In re JULIE ANN SHANHOLTZER on Habeas Corpus.

G044060 (Super. Ct. No. 08WF1650) O P I N I O N

Original proceedings; petition for a writ of habeas corpus to file a late
notice of appeal. Petition granted.

Lynelle K. Hee under appointment by the Court
of Appeal for petitioner.

Edmund G. Brown, Jr., Attorney General, and
Gary W. Schons, Assistant Attorney General, for Respondent.

* * *













THE COURT:*

Petitioner, Julie Ann Shanholtzer
(Shanholtzer) seeks relief from the failure to file a timely notice of appeal. The petition is granted.

In January 2009, Shanholtzer pled guilty to
possession of methamphetamine, possession of paraphernalia, and possession of a
hypodermic needle or syringe. In
exchange for her plea, it was agreed that the execution of petitioner's six
year sentence would be suspended, and petitioner would be granted probation for
a term of five years. As a condition of
probation, she was required to complete a program at Delancey Street.

After petitioner failed to report to the
Delancey Street Program, the court ordered probation revoked and issued a
warrant for her arrest. On August 20, 2009, petitioner admitted violating her probation as to
counts 1through, 3 and her probation was revoked. On October 30,
2009,
she was sentenced to six years in state prison.


At her sentencing on October 30, 2009, petitioner told her retained trial attorney, John
Kremer, that she wanted to file an appeal challenging her sentence. Kremer recommended against filing a notice of
appeal, and instead filed a motion requesting the judge to vacate, modify or
otherwise set aside the sentence. Kremer
did not advise her regarding the 60 day deadline in which to file her notice of
appeal.

On November 9,
2009,
Kremer filed a â€