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PEOPLE v. HATTEN

Docket No. Crim. 9159.

64 Cal.2d 224 (1966)

411 P.2d 101

49 Cal. Rptr. 373

THE PEOPLE, Plaintiff and Respondent, v. GENE HATTEN, Defendant and Petitioner.

Supreme Court of California. In Bank.

February 24, 1966.

Attorney(s) appearing for the Case

Gene Hatten, in pro. per., and Frank C. Morales, under appointment by the Supreme Court, for Defendant and Petitioner.

Thomas C. Lynch, Attorney General, Ronald W. Tochterman and Gordon Ringer, Deputy Attorneys General, for Plaintiff and Respondent.

PETERS, J.

Defendant seeks relief from his default in failing to file a notice of appeal in a criminal case within the 10-day period specified in rule 31(a) of the California Rules of Court. That rule provides for relief from default in a proper case.1

[1] The power conferred by the rule is to be liberally exercised to avoid, if possible, the loss of the right to appeal. It is now settled law that where the defendant...

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