In re Gaines CA5

Filed 6/8/16 In re Gaines CA5 Received for posting 6/9/16

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re F072604

LESLIE JAMES GAINES, (Kings Super Ct. No. 15CM7047)

On Habeas Corpus. OPINION

THE COURT* ORIGINAL PROCEEDING; petition for writ of habeas corpus. Leslie James Gaines, in pro. per., for Petitioner. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Respondent. -ooOoo- Petitioner seeks a belated appeal. On February 24, 2015, petitioner was charged with one count of possession of a dangerous weapon by an inmate. The complaint also alleged that petitioner suffered a prior strike conviction.

* Before Gomes, A.P.J., Kane, J., and Peña, J.

On June 4, 2015, pursuant to a plea agreement, petitioner pled no contest and admitted the prior strike conviction. He was sentenced to a term of eight years. On July 24, 2015, the Clerk of the Kings County Superior Court received a letter from petitioner. The letter stated in pertinent part as follows:

“I was recently in one of the court rooms in the Hanford Superior Court. I was a defendant, in a possession of an inmate manufactured weapon. I would like to file an appeal in your court for a violation of my rights, during the filing of the information.

“I have the :[sic] Notice of Appeal” formating, and the letter to your court already prepared. I, However, do not have the form, or the format, for the required ‘probable cause’ certification, that is to accompany that notice of appeal, pursuant to California’s Rules of Court.

“... I need that case number from your office, as well as the form/formating information for the notice of appeal....

“This appeal is taken after plea of nolo contendere. Pursuant to penal code §1237.5, defendant that files the appeal must attach a certificate of probable cause, or declaration in support of certificate of probable cause. This appeal is based solely on grounds involving The Maranda [sic] rights of the defendant, discovered upon the application of due diligence, after the entry of such plea that do not challenge the validity of the plea.