In re Galvan
After Javier Galvan admitted a probation violation in case number 11CF2417, the trial court imposed the previously suspended five-year prison term. At the sentencing hearing, Galvan had 442 days of actual credit, and although he argued he was entitled to day for day conduct credits, he only received 66 days of conduct credit at the time of the pronouncement of judgment. According to trial counsel’s declaration, about three weeks after the sentencing hearing, he received a letter from Galvan asking counsel to file a notice of appeal on his behalf regarding his custody credits. According to counsel’s declaration, through inadvertence and clerical error he failed to file a timely notice of appeal, but nonetheless prepared a late notice of appeal to be filed in superior court. According to superior court, the late notice of appeal was stamped “received†but not filed because it was received six days beyond the 60-day deadline to file a timely notice of appeal. (Cal. Rules of Court, rule 8.308.)
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