In Re Benoit

*75Opinion

SULLIVAN, J.

In these separate proceedings in habeas corpus each petitioner seeks a determination that he took an appeal by the timely constructive filing of a notice of appeal from the judgment of conviction under which he is held. We issued an order to show cause in each case directed to the Director of the Department of Corrections (Director) and appointed Peter G. Fetros, to represent each petitioner. Since both cases present a common issue we consider them together.

Petitioner Ray Edward Benoit is imprisoned under a judgment of conviction of assault with a deadly weapon on a police…