People v. Johnson

KAUFMAN, P. J.

This is an appeal from an order denying a petition for writ of error

coram nobis.

Appellant, in propria persona, argues that the writ should have been granted, because he was denied counsel at the arraignment in the municipal court on February 27,1957.

Appellant's petition was denied on Friday, February 20, 1959. The notice of.appeal was filed on March 5, 1959. Respondent argues that this court has no jurisdiction to hear the instant case, as the notice of appeal here was filed three days beyond the 10-day limit set by rule 31 of the Rules on Appeal. The record indicates that on Friday, February 20th, when the appellant’s petition was denied, the appellant was confined in Folsom Prison. Appellant was not represented by counsel at the hearing on the writ. The record does not indicate when appellant was notified of the action taken by the lower court or when he first deposited his notice of appeal with the prison authorities. No motion to dismiss the appeal was filed by the respondent. In view of these facts and the fact that appellant is appearing in propria persona, we will consider the matter on its merits. Notices of appeal are liberally construed to preserve the right of review unless it appears that the respondent has been misled.

(Application of Gonsalves,

48 Cal.2d 638 [311 P.2d 483];

People

v.

Sills,

156 Cal.App.2d 618 [320 P.2d 224];

People

v.

Head,

46 Cal.2d 886 [299 P.2d 872];

People

v.

Gamboa,

144 Cal.App.2d 588 [301P.2d 390].)

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