People v. Zarazua

Opinion

THE COURT. *

We publish this order to put to rest a challenge to a procedure commonly used by defendants to perfect appeals from judgments in criminal cases.

After his trial attorney failed to file a timely notice of appeal, despite a request to do so, defendant Sergio Zarazua asked this court to deem his notice of appeal to be timely under the “constructive filing doctrine.” (In re Benoit (1973) 10 Cal.3d 72, 85 [109 Cal.Rptr. 785, 514 P.2d 97] (hereafter Benoit).) The People now move for us to vacate and reconsider our order granting defendant’s motion. They contend that a request for…