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PEOPLE v. RIVERA

No. A140128.

226 Cal.App.4th 1145 (2014)

172 Cal. Rptr. 3d 679

THE PEOPLE, Plaintiff and Respondent, v. MARLON RIVERA, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

June 5, 2014.

Attorney(s) appearing for the Case

Victor J. Morse , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, and Hanna Chung , Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KLINE, P. J. —

Defendant Marlon Rivera has moved for leave to file a late notice of appeal from a postjudgment restitution order. Although defendant's situation cannot be fitted into the limited circumstances where state law authorizes late filing, federal constitutional law holds that the failure of defendant's trial counsel to file a timely notice of appeal amounts to the ineffective assistance of counsel prohibited by the Sixth...

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