In re Chacon
On November 23, 2009, petitioner filed a petition for writ of habeas corpus seeking relief to file a belated notice of appeal. The petition reflects that on September 4, 2009, petitioner was convicted after a jury trial of violation of Penal Code section 187 along with accompanying enhancements. On that same date, petitioners attorney advised petitioner he would file a notice of appeal on petitioners behalf. On or about October 1, 2009, petitioners attorney and his staff prepared a notice of appeal which was placed in the attorneys law office court file, a file that contains papers to be filed in court. For reasons not set forth in the record, the notice of appeal was not filed or processed by the Merced County Superior Court. When trial counsel became aware of the same, he promptly filed a notice of appeal on petitioners behalf. The instant petition for writ of habeas corpus seeking leave to file a belated notice of appeal followed.
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