People v. Casillas

Opinion

PUGLIA, P. J.

Defendant seeks an order from this court relieving him from the consequences of his failure to file a notice of appeal with the clerk of the superior court within the time permitted by subdivision (a) of rule 31 of the California Rules of Court (Rule 31). The clerk received defendant’s notice beyond the authorized filing deadline and marked it received but not filed as directed by Rule 31. Citing In re Gonsalves (1957) 48 Cal.2d 638 [311 P.2d 483], and People v. Wychocki (1987) 188 Cal.App.3d 1063 [233 Cal.Rptr. 830], defendant contends his notice was timely because it was…