In re Duran on Habeas Corpus CA4/3

Filed 12/12/24 In re Duran on Habeas Corpus CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re RICHARD MANUEL DURAN G064678

on Habeas Corpus. (Super. Ct. No. 94NF1756)

OPINION

Original proceedings; petition for a writ of habeas corpus to challenge an order of the Superior Court of Orange County, Andre Manssourian, Judge. Petition granted. Charles Thomas Anderson, for Petitioner Richard Manuel Duran. Rob Bonta, Attorney General, and Charles C. Ragland, Senior Assistant Attorney General for Respondent.

THE COURT:* Richard Manuel Duran seeks relief from the failure to file a timely notice of appeal. The petition is granted. On October 6, 1995, Duran was sentenced in superior court case No. 94NF1756. On December 21, 2023, trial counsel from the Orange County Public Defender’s Office filed a petition for recall and resentencing pursuant to Penal Code section 1172.75 on Duran’s behalf.1 The following day the trial court denied the petition. According to the minutes entered on December 22, 2023, Duran was not present in court when the petition was considered, but he was represented in court by counsel who waived Duran’s appearance pursuant to section 977, subdivision (b). After the petition was denied, the court’s order denying the petition was signed and the matter closed. There is no indication in the record that a copy of the court’s order denying the petition was transmitted to Duran. On March 29, 2024, a notice of appeal was received by the Orange County Superior Court. In accordance with rule 8.308(d) of the California Rules of Court, the superior court notified counsel the last day to file a timely notice of appeal from the order entered on December 22, 2023, was February 20, 2024, and accordingly the notice of appeal was marked “Received March 29, 2024, but not filed.” According to a declaration by a supervising attorney with the public defender’s office, Duran was represented by the public defender’s office at the hearing on the petition for recall and resentencing on December 22, 2023. Counsel’s declaration states, “There is no indication in our records that