People v. Casillas

Gilbert A. Casillas petitions for relief under rule 31(a) of the California Rules of Court from a late filing of a notice of appeal.

On October 18, 1963, petitioner was sentenced for sale of narcotics, and his trial attorney informed the court that petitioner intended to appeal and promised petitioner he would file the required notice.1 On November 4, 1963 (seven days late), the attorney had a notice of appeal delivered to the clerk of the superior court. The following day petitioner received a letter from the clerk stating that the notice of appeal had not been filed because it was received…