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.
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Appellate InformationOriginal 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 THREEFiled August 11, 2009
JudgesBefore FYBEL, J., RYLAARSDAM, ACTING P.J., MOORE, J.Opinion by FYBEL, J.
CounselFor 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.
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