People v. Levy CA2/7

DISCUSSION

“[A] notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.” (Cal. Rules of Court, rule 8.406(a)(1).) “[T]he filing of a timely notice of appeal is a jurisdictional prerequisite. ‘Unless the notice is actually or constructively filed within the appropriate filing period, an appellate court is without jurisdiction to determine the merits of the appeal and must dismiss the appeal.’” (Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106, 113.) “The purpose of this requirement is to promote the finality of judgments by forcing the losing party to take an appeal expeditiously or not at all.” (Ibid.; People v. Mendez (1999) 19 Cal.4th 1084, 1094 [“An untimely notice of appeal is ‘wholly ineffectual: The delay cannot be waived, it cannot be cured by nunc pro tunc order, and the appellate court has no power to give relief, but must dismiss the appeal on motion or on its own motion.’”].) Levy’s appeal is untimely. When Levy appeared for resentencing following his discharge from CRC,2 the trial court’s decision to deny his motion to dismiss the

2 When a defendant is discharged from CRC, whether he or…