People v. Ruhl

63 Cal.App.3d 6 (1976) 134 Cal. Rptr. 62 THE PEOPLE, Plaintiff and Respondent,

v.

ROBERT A. RUHL, Defendant and Appellant.

Docket No. 13989. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

September 15, 1976. [7] COUNSEL

Robert A. Ruhl, in pro. per., for Defendant and Appellant.

Burt Pines, City Attorney, and Wade G. McConnell, Deputy City Attorney, for Plaintiff and Respondent.

OPINION

MARSHALL, P.J.

(1) The defendant was convicted of violation of section 21703 of the Vehicle Code on June 12, 1974. The defendant filed his notice of appeal on June 19, 1974, together with a proposed statement. The respondent filed amendments to the proposed statement on June 26, 1974, and July 19, 1974. Nothing else occurred in this case until January 17, 1975, when a hearing was set for January 28, 1975, to settle the statement. On January 28, 1975, the defendant was absent and [8] the trial court certified the respondent's amendments on that date. The papers were not transmitted to this court until November 5, 1975. On March 24, 1976, the matter was remanded to the trial court for resettlement and finally, on April 15, 1976, some 22 months after the notice of appeal was filed, the present settled statement was filed.

What transpired or what delayed this appeal from July 19, 1974, when the last of respondent's amendments was filed, to January 28, 1975, when the hearing to settle was held, is unknown. Also unknown is the reason for the delay in the transfer of the record to this court from January 28, 1975, to November 5, 1975.

What is clear is that an appeal from a conviction for following too closely, an infraction, consumed a total of nearly 25 months. The trial court is responsible for settlement of the statement (rule 187); it must discharge its duty expeditiously. It did not do so. The court in Tramel v. State of Idaho (10th Cir.1972) 459 F.2d 57, 58, declared, "... inordinate and inexcusable delay in state court process may itself become a denial of due process." (See also Way v. Crouse (10th Cir.1970) 421 F.2d 145, 146.)