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In re Tovar

In re Tovar
03:06:2008



In re Tovar



Filed 2/25/08 In re Tovar CA5



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



FIFTH APPELLATE DISTRICT



In re



F054020



VICTOR CARLOS TOVAR,



On Habeas Corpus.



(Super. Ct. No. 06-40546)



O P I N I O N



THE COURT*



ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.



Victor Carlos Tovar, in pro. per., for Petitioner.



No appearance for Respondent.



-ooOoo-



No opposition was received in response to this courts order of November 30, 2007. Pursuant to the terms of that order, this court deems the decision to not file an opposition to constitute agreement that petitioner be granted a belated appeal without further proceedings. (People v. Romero (1994) 8 Cal.4th 728.)



Petitioner is directed to cause an adequate notice of appeal to be filed on or before 30 days from the date of this order in Madera County Superior Court action no. 06-40546.[1]



DISPOSITION



Let a writ of habeas corpus issue directing the Clerk of Madera County Superior Court, if he receives said notice on or before 30 days from the date of this notice, to file said document in Madera County Superior Court action No. 06-40546, to deem said notice to be timely filed in said action, and to cause the normal record on appeal to be prepared in accordance with the applicable rules of the California Rules of Court.







*Before Harris, Acting P.J., Wiseman, J., and Gomes, J.



[1] Insofar as petitioner requires assistance in preparing an adequate notice, this court notes that such assistance may be obtained from the Central California Appellate Project.





Description No opposition was received in response to this courts order of November 30, 2007. Pursuant to the terms of that order, this court deems the decision to not file an opposition to constitute agreement that petitioner be granted a belated appeal without further proceedings. (People v. Romero (1994) 8 Cal.4th 728.) Petitioner is directed to cause an adequate notice of appeal to be filed on or before 30 days from the date of this order in Madera County Superior Court action no. 06 40546.

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