People v. Sanchez

Opinion

PETERS, 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 July 2, 1968, petitioner and his brother Abel Sanchez were convicted by a jury of assault with a deadly weapon (Pen. Code, § 245) and armed robbery (Pen. Code, § 211a). Sentencing proceedings were…