People v. Tenney

Defendant, Robert Tenney, on three separate counts, was convicted of the unlawful possession, sale,, and transportation of narcotics. He appeals from the judgment of conviction.

The attorney general contends that the notice of appeal was filed too late. Judgment was entered on August 12, 1957. The notice of appeal, dated August 26, 1957, was not filed with the clerk of the superior court until August 29, 1957. Under rule 31 of the Rules on Appeal such notices must be filed within 10 days after the rendition of the judgment. This rule is jurisdictional. (People v. Riser, 47 Cal.2d 594 [305 P.2d…