In re Robledo CA5

Filed 8/26/16 In re Robledo CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 F073413

ADAM ROBLEDO, (Kings Super Ct. No. 14CM7222HTA)

On Habeas Corpus. OPINION

THE COURT* ORIGINAL PROCEEDING; petition for writ of habeas corpus. Adam Robledo, in pro. per., for Petitioner. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Ian Whitney, Deputy Attorneys General, for Respondent. -ooOoo- Adam Robledo (petitioner) seeks permission to file a belated notice of appeal by way of a petition for writ of habeas corpus. Petitioner alleges he asked trial counsel to file a notice of appeal and counsel’s failure to do so constituted ineffective assistance of counsel. We will grant petitioner’s request for a belated appeal.

* Before Hill, P.J., Detjen, J., and Franson, J.

STATEMENT OF THE FACTS On September 9, 2015, petitioner was sentenced to 25 years to life for battery on a correctional officer and resisting an officer by force. Petitioner claims he requested counsel to file a notice of appeal, he relied on counsel to timely do so, and counsel did not do so. Petitioner alleges he asked his federal public defender, David Wasserman (who was helping him in another case), to ask his trial counsel to file the notice of appeal and contact the Central California Appellate Program (CCAP). Petitioner submits a declaration from Wasserman, which states that while he was representing petitioner in a habeas corpus proceeding, petitioner was charged with battery on a correctional officer, attempted aggravated battery, and resisting or deterring a correctional officer by force. After petitioner was convicted and sentenced on the charges, petitioner sent Wasserman a letter explaining his sentence and noted, “‘whatever you can do about this case[,] please do[.] I do not want to die in prison.’” Petitioner sent another letter to Wasserman asking, “‘did you ever get in contact with Judge Donna Tarter/[trial counsel] about their findings? If so, when?’” Petitioner sent Wasserman another letter stating, “[o]ne lock up order has went amiss. Also send a copy of the lock up order to [trial counsel.] He is assigned my appeal’s advicat <sic>. He didn’t do much of anything to defend me[.] If he would have I wouldn’t have any need to appeal the case.”1 On November 9, 2015, Wasserman contacted trial counsel, who informed him that he had filed a notice of appeal. Wasserman sent petitioner a letter stating that trial counsel had filed a notice of appeal and it would be assigned to a CCAP attorney.