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PEOPLE v. GARCIA

Docket No. Crim. 8736.

63 Cal.2d 265 (1965)

405 P.2d 148

46 Cal. Rptr. 324

THE PEOPLE, Plaintiff and Respondent, v. JERRY JOSEPH GARCIA, JR., Defendant and Appellant.

Supreme Court of California. In Bank.

August 30, 1965.

Attorney(s) appearing for the Case

Jerry Joseph Garcia, Jr., in pro. per., and Frank C. Morales, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.

PETERS, J.

This is a petition by Jerry Joseph Garcia, Jr., for relief from default because of the late filing of a notice of appeal. [1] Under rule 31(a) of the California Rules of Court the power is conferred upon the appellate courts to grant relief in proper cases from a late filing. It is settled by the case law that the power thus conferred should be liberally exercised to protect the right to appeal where reasonably possible. (People v. ...

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