PEOPLE v. PEREZ (M) — Fear Not Law

PEOPLE v. PEREZ Filed 3/8/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----<table border=0 cellspacing=0 cellpadding=0><tr><td width=394 valign=top> THE PEOPLE, Plaintiff and Respondent, v. GABRIEL PEREZ, Defendant and Appellant.</td><td width=230 valign=top> C051800 (Super. Ct. No. 04F09167) ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT</td></tr></table> THE COURT: It is ordered that the opinion filed in this case on March 7, 2007, be modified in the following particulars: 1. Modify the first sentence of the fourth paragraph of the opinion (which extends from page 2 to 3 of the opinion), to delete the words at the end of the sentence, showing of good cause for that relief, and replace those words with sufficient showing for that relief under In re Benoit (1973) 10 Cal.3d 72 so that the sentence reads: Nevertheless, for reasons that follow, we conclude that a Court of Appeal may grant a motion for the <a href="http://www.fearnotlaw.com/">constructive filing</a> in the superior court of a late statement of reasonable grounds for appeal, provided the defendant makes a sufficient showing for that relief under In re Benoit (1973) 10 Cal.3d 72. 2. On page 13, first sentence within the paragraph under part II, the citation date (1973) is changed to supra so that the sentence reads: Alternatively, defendant asks us to construe his proposed statement of reasonable grounds for appeal as timely pursuant to the constructive filing doctrine of In re Benoit, supra, 10 Cal.3d 72 (hereafter Benoit) because his trial attorney was ineffective for failing to file such a statement. These <a href="http://www.fearnotlaw.com/">modifications</a> do not change the judgment. FOR THE COURT: SCOTLAND, P.J. HULL, J. Publication Courtesy of <a href="http://www.fearnotlaw.com/">California attorney referral</a>. Analysis and review provided by <a href="http://www.mcmillanlaw.us/">Vista Property line Lawyers.</a>