California Court of Appeal

Defendant's motion for leave to file a late notice of appeal from a postjudgment restitution order is treated as a petition for writ of habeas corpus and granted, where: 1) federal constitutional law holds that the failure of defendant's trial counsel to file a timely notice of appeal amounts to the ineffective assistance of counsel prohibited by the Sixth Amendment; and 2) defendant has established a clear lapse of counsel's professional duty.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

Judges

• KLINE

Court

• California Court of Appeal

Counsel