P. v. Lyons

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Filed 11/25/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. 2d Crim. No. B212253 (Super. Ct. No. 2008015626) (Ventura County) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] BART ALAN LYONS, Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on November 5, 2009, be modified as follows: At the end of the first full paragraph on page six, after the quote "party making it"].) add as footnote 4 the following: On petition for rehearing, appellant argues that the general habeas corpus power of the Superior Court is broad enough to include the granting of Benoit relief. (People v. Benoit, supra, 10 Cal.3d 72.) Our opinion only limits the habeas power in the sui generis Benoit context and in no other. There is a good reason for this rule. The Superior Court should have no power to lengthen the jurisdictional time limit for an appeal to a different and higher court. If appellant is correct, rule 8.308 (d) (see ante, p. 4) is no longer viable. Upon a proper showing in the Court of Appeal, Benoit relief is granted and there is no good reason to change this rule which has worked well since l972. [There is no change in judgment.] Appellant's petition for rehearing is denied. CERTIFIED FOR PUBLICATION

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