In re Saechao
Pursuant to this courts orders of September 9, 2008 and November 5, 2008, and the informal responses filed by the Attorney General, this court concludes the Attorney General agrees that petitioner is entitled to appeal the order filed on May 2, 2008, and relief should issue without further proceedings. (People v. Romero (1994) 8 Cal.4th 728; 22B Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 639, pp. 300-301; 22C Cal.Jur.3d (2000) Criminal Law: Post-Trial Proceedings, 939, pp. 216-218.)
Let a writ of habeas corpus issue directing the Superior Court Clerk of Merced County to deem the notice of appeal filed in Merced County Superior Court action No. 29028 on or about June 24, 2008, to be timely filed and operative from the order filed on May 2, 2008, and to cause a normal record on appeal to be prepared and served on the parties and filed in this court in accordance with the applicable rules of the California Rules of Court on or before 75 days from the date of this opinion.
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