People v. Ferrel

California Court of Appeal Dec 29, 1961 No. Crim. No. 7773Published

Before: Ashburn

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Holding. The court dismissed the appeal because it was filed four days past the deadline and the defendant failed to demonstrate governmental laxity to excuse the delay.

Issues

Whether the defendant's appeal, filed four days late, should be dismissed for lack of jurisdiction.

Disposition. dismissed

Quotations verified verbatim against the opinion

“This appeal, taken by defendant in propria persona, was filed four days too late.”

“There is no competent showing of governmental laxity which would excuse the delay”

“The appeal is dismissed.”

ASHBURN, J.— This appeal, taken by defendant in propria persona, was filed four days too late. There is no competent showing of governmental laxity which would excuse the delay under the doctrine of People v. Slobodion, 30 Cal.2d 362 [181 P.2d 868] and People v. Head, 46 Cal.2d 886 [299 P.2d 872]; hence the appeal must be dismissed (People v. Ayala, 148 Cal.App.2d 760 [307 P.2d 418]).

However, we have made a gratuitous but careful examination of the record and it appears therefrom that the judgment would have to be affirmed upon the merits if we had jurisdiction to pass upon the same.

The appeal is dismissed.

Pox, P. J., and Herndon, J., concurred.

People v. Ferrel

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