In Re Serrano

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 of his appeal. The judgment of the Court of Appeal denying the petition for writ of habeas corpus is therefore reversed.

I. Background

Petitioner was charged in…