In re Barrera CA4/3

Filed 6/1/23 In re Barrera 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

G062551 In re PAUL DE LA CRUZ BARRERA, Super. Ct. No. 05CF3817) on Habeas Corpus. OPINION

Original proceedings; petition for writ of habeas corpus to file a late notice of appeal. Petition granted. Appellate Defenders, Inc., and Anna M. Jauregui-Law for Petitioner. Rob Bonta, Attorney General, and Charles G. Ragland, Senior Assistant Attorney General for Respondent.

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THE COURT:* Petitioner Paul De La Cruz Barrera seeks relief from the failure to file a timely notice of appeal, and to have it deemed constructively filed under the authority of In re Benoit (1973) 10 Cal.3d 72,87-88. The petition is granted. Petitioner is the defendant in Superior Court of Orange County criminal case No. 05CF3817. On March 17, 2007, he was sentenced to 25-years-to life in state prison. On January 31, 2022, the trial court found that petitioner’s petition for resentencing pursuant to Penal Code section 1172.6 established a prima facie showing entitling him to relief and issued an order to show cause. 1 A hearing was held on January 31, 2023. Petitioner was represented at this hearing by appointed attorney Kenneth Reed (Reed). After the hearing, the trial court denied the petition. On March 2, 2023, Appellate Defenders’ Inc. (ADI) received a letter from petitioner inquiring about how to appeal the court’s denial of his 1172.6 petition. ADI records reveal that it obtained and uploaded petitioner’s court records on March 17, 2023. On that same date, ADI staff attorney Anna Jauregui-Law was assigned to petitioner’s case. On March 20, 2023, attorney Jauregui-Law reviewed petitioner’s records. She determined that the last date to file petitioner’s notice of appeal was Monday, April 3, 2023. She also noted that attorney Reed represented petitioner in another pending matter, and that Reed was still representing petitioner in the instant matter. She attempted to contact Reed to ascertain if he was going to file a notice of appeal on petitioner’s behalf and provided Reed with a copy of the letter petitioner sent to ADI.