If defendant's motion to appeal a non-appealable order is construed as a writ petition, what is the proper filing?
California, United States of America
The following excerpt is from People v. Boston, B298596 (Cal. App. 2020):
1. If defendant's motion is construed as a writ petition, the appeal would be dismissed as taken from a non-appealable order. The proper filing would, instead, be a second habeas petition in this court. (People v. Gallardo (2002) 77 Cal.App.4th 971, 976.)
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