Jones

In this appeal we confront the question whether the voluntary destruction of the court reporter’s notes of defendant’s 1973 trial requires vacation of the judgment. We conclude that under the circumstances shown here that result is compelled; accordingly, we reverse the judgment.

Following a jury verdict of guilt on two counts of sale of heroin, defendant was committed on August 30, 1973, to the California Rehabilitation Center (CRC) for seven years as a. narcotics addict. (Welf. & Inst. Code, § 3051.) One week later defendant, in propria persona, submitted a notice of appeal which the county clerk rejected and re turned to the defendant with a confusing letter of explanation. After discussing the letter with his counselor at CRC, defendant concluded the proper time for filing his notice of appeal was after his release from CRC.

On November 26, 1979, defendant with the assistance of counsel sought relief from his default in failing to file a timely notice of appeal. We granted the motion and ordered appeal proceedings instituted.

It was soon discovered that the court reporter at defendant’s 1973 trial had destroyed her notes in the interim. Defendant now urges us to…