In re Criado CA5

Filed 12/21/21 In re Criado 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 F083263

EDDIE CRIADO, (Merced Super. Ct. Nos. 18JP-00185-A, 18JP-00185-B) On Habeas Corpus. OPINION

THE COURT* ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Eddie Criado, in pro. per., for Petitioner. Forrest W. Hansen, Merced County Counsel, and Jennifer Trimble, Chief Deputy County Counsel, for Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Meehan, J.

On July 7, 2020, petitioner Eddie Criado’s parental rights were terminated in the Merced County Superior Court. Petitioner now seeks permission to file a belated notice of appeal. The Attorney General was given an opportunity to file opposition to the request, and forwarded that opportunity to the Merced County Counsel, on behalf of the Merced County Human Services Agency. On October 9, 2020, this court received a letter from petitioner explaining the difficulty he was experiencing in filing documents challenging the termination of his parental rights. Along with that letter, petitioner provided various documents, including a letter from an attorney appointed to represent him in the trial court on the question of his parental rights. In that letter, dated August 10, 2020, the attorney informed petitioner he was being relieved as his counsel in the case Nos. 18JP-00185-A and 18JP-00185-B, which were the case numbers assigned to his two children. Also included with petitioner’s October 9, 2020 letter was a judicial council form for a petition for extraordinary writ. This form was filled out with the same case Nos., 18JP-00185-A and 18JP-00185-B. The existence of that October 9, 2020 letter and its attachments is acknowledged in a letter signed by the clerk of this court on October 27, 2020. On this court’s own motion, judicial notice will be taken of two additional documents petitioner provided with his October 9, 2020 letter. These documents were judicial council forms, referencing case Nos. 18JP-00185-A and 18JP-00185-B, and were issued on September 8, 2020, by the Merced County Superior Court Clerk. The documents were titled “Notice of: Document Return,” showing petitioner attempted to file a petition for extraordinary writ with that court on or before September 8, 2020.1