Holubar v. Superior Court

BARNARD, P. J. This is a proceeding to review an order of the Superior Court of Riverside County dismissing an appeal taken to that court from a judgment of the city court of the city of Palm Springs.

The petitioner was charged with a violation of a building ordinance passed and adopted by the city council of Palm Springs on June 8, 1938, in that he had proceeded with the erection of a building in that city without first having obtained a certain permit as required by that ordinance. A jury found him guilty. The evidence at the trial was taken down by a duly appointed official reporter pro tem of the Superior Court of Riverside County, who was duly sworn by the judge of the city court at the beginning of the trial. Judgment was entered on December 2, 1938, imposing a fine of $101 on petitioner.

A written notice of appeal was filed on December 2, 1938, and another such notice on December 7, 1938. On December 7th, there was filed a transcript of all testimony taken at the trial, certified as correct by the person who had acted as reporter. On the same day a notice of the filing of such transcript was served on the city attorney and filed. On the same day, a proposed statement on appeal was served and filed, in attempted compliance with rule 4 of the judicial council rules governing criminal appeals to the superior court from municipal and inferior courts. On December 12th, the city attorney served and filed proposed amendments to the statement on appeal, suggesting the addition of two matters. Thereafter, the trial judge served notice fixing January 3, 1939, as the date for settlement of said transcript and statement on appeal. On that day the city attorney filed objections to the proposed statement on appeal and to the proposed transcript on the grounds that the proposed statement “does not set forth any other evidence or other proceedings necessary for a decision upon the appeal”, that the transcript was not that of an official reporter since there was no official reporter for said court, and that a copy of the transcript was not served on him. The matter was continued, and on January 18, 1939, the trial judge settled the statement on appeal and the transcript. On the same day the petitioner presented an engrossed statement on appeal and the transcript, which were certified as correct by the trial judge.

[444]The pleadings, records and files of the city court in this case, including the transcript and statement on appeal, were filed in the superior court on January 24, 1939. When the matter came on for hearing on March 28, 1939, the court entered an order dismissing the appeal “on the ground that the deféndant failed to file and serve a proposed statement on appeal within five days as required by Judicial Council rules”. This proceeding to review that order followed.