California Court of Appeal
In re Antilia, G041453
Petition for writ of habeas corpus is granted where a postjudgment petition for writ of mandate pursuant to Penal Code sec. 1405 challenging the order denying defendant's motion to conduct DNA testing is sufficiently similar to an appeal to justify application of the constructive filing doctrine, and defendant satisfied the factual requirements for constructive filing.
Appellate Information
- Decided 08/11/2009
- Published 08/11/2009
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Marri Derby, Alternate Defender, and Dave Dziejowski, Deputy Alternate Defender, for Petitioner.
- For Appellees:
- Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Kevin Vienna and David Delgado Rucci, Deputy Attorneys General, for Respondent.