People v. Chapman

Opinion

THE COURT.

Petitioner seeks an order permitting him to' file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. We have concluded that he is not entitled to the requested relief.

Petitioner was convicted after a jury trial in Sacramento Superior Court of attempted burglary. (Pen. Code, §§ 459, 664.) He was sentenced to state prison on January 2, 1969. On May 21, 1969, almost five months after sentencing, he petitioned the Court of Appeal for rule 31(a) relief.

Petitioner made the following allegations in his petition: Upon hearing the judgment of the trial…