In re Antilia, No. 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.
Read In re Antilia, No. G041453 in PDF
Read In re Antilia, No. G041453 in HTML
Original proceedings; petition for a writ of habeas corpus, after judgment and postjudgment order of the Superior Court of Orange County. Gregg L. Prickett, Judge. Petition granted.
FOURTH APPELLATE DISTRICT, DIVISION THREE
Filed August 11, 2009
Before FYBEL, J., RYLAARSDAM, ACTING P.J., MOORE, J.
Opinion by FYBEL, J.
For Petitioner: Marri Derby, Alternate Defender, and Dave Dziejowski, Deputy Alternate Defender.
For Respondent: 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.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.