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IN RE ANTILIA

No. G041453.

176 Cal.App.4th 622 (2009)

In re ANTHONY PATRICK ANTILIA on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

August 11, 2009.

Attorney(s) appearing for the Case

Marri Derby, Alternate Defender, and Dave Dziejowski, Deputy Alternate Defender, for Petitioner Anthony Patrick Antilla.

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, for Respondent State of California.

OPINION

FYBEL, J.—

I.

INTRODUCTION

We hold the constructive filing doctrine of In re Benoit (1973) 10 Cal.3d 72 [109 Cal.Rptr. 785, 514 P.2d 97] (Benoit) applies to a petition for writ of mandate or prohibition under Penal Code section 1405, subdivision (j),1 challenging...

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