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eBook details

• Title: People V. Acosta
• Author : Supreme Court Of California In Bank
• Release Date : January 08, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

PETERS, 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. This power is to be liberally exercised to protect the right to appeal. (People v. Camarillo, 66 Cal. 2d 455, 456 [58 Cal. Rptr. 112, 426 P.2d 512]; People v. Ruch, 65 Cal. 2d 138, 139 [52 Cal. Rptr. 585, 416 P.2d 817]; People v. Casillas, 61 Cal. 2d 344, 345-346 [38 Cal. Rptr. 721, 392 P.2d 521]; cf. In re Parker, 68 Cal. 2d 756, 760 [69 Cal. Rptr. 65, 441 P.2d 905].) "The policy of appellate courts ... is to hear appeals on the merits and to avoid, where possible, forfeitures of substantial rights on technical grounds. The interest of the state that justice be done in criminal cases reinforces an appellant's claim that his appeal be considered on the merits." (People v. Casillas, supra, at p. 346.) Petitioner has presented a proper case for relief.

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