Can a notice of appeal be treated as a petition for writ of habeas corpus?
California, United States of America
The following excerpt is from The People v. Howard, Ct. No.: EE705877, H034996 (Cal. App. 2010):
If we conclude that the appeal is late, defendant suggests that the notice of appeal be treated as a petition for writ of habeas corpus. We decline to do so. The notice of appeal fails to comply with the statutory requirements for a habeas corpus petition. ( 1475; People v. Duvall (1995) 9 Cal.4th 464, 474-475.)
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