People v. Rodriguez

Opinion

McCOMB, J.

Petitioner seeks an order permitting him to file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. Rule 31(a) requires that notice of appeal in a criminal case be filed within 10 days after rendition of judgment but empowers appellate courts to grant relief from default in proper cases. Petitioner has not presented a proper case for such relief.

On October 29, 1968, petitioner was convicted by a jury of assault by means of force likely to produce great bodily injury (Pen. Code, § 245). He was sentenced to state prison on November 14, 1968. The…