I apologize for the delay, we are working with many other customers and sometimes it takes a little time to get back to customers as each customer does deserve the same time and attention as you want and deserve.

Under CA law, he had 60 days from conviction to file an appeal and after that time has expired, absent justification for the failure to present all known claims in a single, timely petition for writ of Habeas Corpus, successive and/or untimely petitions will be summarily denied. See: Clark, In re, 21 Cal.Rptr.2d 509, 5 Cal.4th 750, 855 P.2d 729 (Cal., 1993). This means that in order to get the transcript as part of an appeal for post conviction relief beyond the limitations period for an appeal, you would have to justify the grounds for allowing the appeal based upon proving he had ineffective assistance of counsel or there has been a discovery of new evidence that was not available during the time of his trial to allow the new appeal out of time.

Transcripts are a matter of public record however, and if anyone wants a copy and is willing to pay the transcription costs, they may obtain them. However, he cannot obtain a transcript for an appeal out of time as he would need to prove the justifications mentioned above to do so. If you are seeking to help him, then you can obtain the transcript by paying the transcription fee as a public records request and examining the transcript to obtain your justifications for him to get the court to approve him filing an appeal beyond the 60 day time limit.

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