Unreported / Non-Citable
Disposition notice
On October 21, 2026, the Fifth District Court of Appeal granted relief in In re David Lopez Lilly, F091903, an original habeas corpus proceeding arising from Kern County Superior Court action No. BF143959A. Lilly sought permission to file a belated notice of appeal under the constructive-filing doctrine of In re Benoit (1973) 10 Cal.3d 72, and the Attorney General's office stated that it did not oppose the request. The court directed its Clerk/Executive Officer to copy the notice of appeal and request for a certificate of probable cause attached to the petition and forward them, with the decision, to the Kern County Superior Court. It ordered a writ of habeas corpus to issue forthwith directing the superior court clerk to file those documents in action No. BF143959A, treat them as timely filed and as bearing Lilly's original signature, and proceed under the applicable California Rules of Court. The court expressly took no position on the merits of the certificate-of-probable-cause request, directed that a copy be sent to the Central California Appellate Program, and made the opinion final forthwith.