In re Garcia
Following his conviction and sentencing for residential burglary, petitioner Joseph Garcia conferred with his trial counsel, Kirt Hopson, to discuss his appellate rights. Petitioner asked, and counsel agreed, to file a notice of appeal. Unfortunately, the notice of appeal was served by counsel on the court reporter and not the superior court clerk. When counsel realized his error, the time within which to file a timely notice of appeal had expired by about two weeks. 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.
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