IN RE SERRANO

Docket No. S036396.

10 Cal.4th 447 (1995)

895 P.2d 936

41 Cal. Rptr.2d 695

In re FRANK NICOLAS SERRANO on Habeas Corpus.

Supreme Court of California.

June 19, 1995.


Attorney(s) appearing for the Case

COUNSEL

Carmela F. Simoncini, Patrick DuNah, under appointments by the Supreme Court, Totaro & Shanahan, Maureen J. Shanahan and Michael R. Totaro for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster and David Delgado-Rucci, Deputy Attorneys General, for Respondent.


OPINION

LUCAS, C.J.

Petitioner is presently incarcerated at Pelican Bay State Prison. He filed a petition for writ of habeas corpus in the Court of Appeal seeking the reinstatement of his appeal, dismissed by the court pursuant to California Rules of Court, rule 17(a), for failure to file an opening brief. In light of the facts of this case, we believe the equities lie in petitioner's favor, and that he is entitled to the reinstatement...

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