In re Culver
Following a court trial, petitioner Kelly Morgan Culver was convicted of one count of the sale or transportation of marijuana. He asked trial counsel to file a notice of appeal on his behalf which counsel agreed to do. Unfortunately, the notice of appeal was filed on November 28, 2007, one day late due to an admitted oversight by trial counsel. A petition for relief for failure to file a timely notice of appeal has been filed. (In re Benoit (1973) 10 Cal.3d 72.) The Attorney General was served with a copy of the petition. He advises us that he does not oppose the relief requested.
Good cause appearing, and the Attorney General having effectively waived the necessity of filing an order to show cause, the petition is granted. On petitioners behalf, attorney Lynelle K. Hee is directed to prepare and file a notice of appeal in Orange County Superior Court case number 07HF0301, and the clerk of the superior court is directed to accept the filing if it is presented within 20 days of this opinion becoming final. In the interests of justice, this opinion is deemed final forthwith.
Comments on In re Culver