>In re
Castaneda















Filed 4/5/12 In re Castaneda CA5

Received for posting 4/9/12













NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 NICOLAS CASTANEDA, JR., On Habeas Corpus.

F063947 (Stanislaus Super. Ct. No. 1232853) >OPINION

THE
COURThref="#_ftn1" name="_ftnref1"
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ORIGINAL
PROCEEDINGS; petition for writ of habeas
corpus.

Nicolas Castaneda, Jr., petitioner,
in pro per.

No appearance for Real Party in
Interest.

-ooOoo>-

Petitioner seeks permission to file
a belated notice of appeal. The Attorney General was given an opportunity
to file opposition to the request and told that its failure to do so would be
treated as consent to the requested relief being granted without further
proceedings.

The failure
of the Attorney General to file a response to the petition for writ of habeas
corpus filed by Petitioner on December 28, 2011, is, in accordance with our
order filed March 1, 2012, deemed to constitute an agreement that the requested
relief ought to be granted without further proceedings. (People
v. Romero (1994) 8 Cal.4th 728, 740, fn. 7.)

Accordingly, petitioner is entitled
to relief.

Petitioner is granted leave to cause
a notice of appeal to be filed on or before 30 days from the date of this order
in Stanislaus County Superior Court case number 1232853.

Let a writ of habeas corpus issue directing the Clerk of the Superior
Court for Stanislaus County to file said request in its case number 1232853, to
treat it as timely filed, and to proceed with the preparation of the record on
appeal in accordance with the applicable rules of the California Rules of Court
if the clerk of that court receives said request on or before 30 days of the
date of this order.



This opinion is
final forthwith.