PEOPLE v. RODRIGUEZ

Docket No. Crim. 14282.

4 Cal.3d 73 (1971)

480 P.2d 289

92 Cal. Rptr. 673

THE PEOPLE, Plaintiff and Respondent, v. BONIFACIO HERNANDEZ RODRIGUEZ, Defendant and Petitioner.

Supreme Court of California. In Bank.

February 11, 1971.


Attorney(s) appearing for the Case

COUNSEL

Bonifacio Hernandez Rodriguez, in pro. per., and Joseph S. Samuel, under appointment by the Supreme Court, for Defendant and Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Sanford Svetcov, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

McCOMB, 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 October 29, 1968, petitioner...

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