In re Murry
Petitioner was convicted after a jury trial of attempted kidnapping (Pen. Code, 207, 664), inflicting corporal injury ( 273.5, subd. (a)), assault ( 240), and assault with force ( 245, subd. (a)(1)). On March 20, 2007, petitioner was sentenced to five years in state prison.
According to petitioners trial counsel, petitioner asked her to file an appeal on his behalf on the day he was sentenced. Counsel states she filed a notice of appeal, but due to an error in calculating the due date, she filed the notice three days late, on May 24, 2007.
The petition for writ of habeas corpus is granted.
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