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IN RE NOTZ

Docket No. Crim. 7878.

62 Cal.2d 423 (1965)

398 P.2d 593

42 Cal. Rptr. 321

In re PLENNY ADAM NOTZ on Habeas Corpus.

Supreme Court of California. In Bank.

February 9, 1965.

Attorney(s) appearing for the Case

Frank C. Morales, under appointment by the Supreme Court, for Petitioner.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws and Edward A. Hinz, Jr., Deputy Attorneys General, for Respondent.

PETERS, J.

[1] This petition is entitled one for habeas corpus. The purpose of it is to review the propriety of the denial by the District Court of Appeal of a petition for relief from the late filing of a notice of appeal in a criminal case. While the proper procedure would have been to petition this court for a hearing after denial by the appellate court1 this failure to properly entitle the petition is not fatal. The petition...

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