Ruhl

(1) The defendant was convicted of violation of section 21703 of the Vehicle Code on June 12, 1974. The defendant filed his notice of appeal on June 19, 1974, together with a proposed statement. The respondent filed amendments to the proposed statement on June 26, 1974, and July 19, 1974. Nothing else occurred in this case until January 17, 1975, when a hearing was set for January 28, 1975, to settle the statement. On January 28, 1975, the defendant was absent and the trial court certified the respondent's amendments on that date. The papers were not transmitted to this court until November 5, 1975. On March 24, 1976, the matter was remanded to the trial court for resettlement and finally, on April 15, 1976, some 22 months after the notice of appeal was filed, the present settled statement was filed.

What transpired or what delayed this appeal from July 19, 1974, when the last of respondent's amendments was filed, to January 28, 1975, when the hearing to settle was held, is unknown. Also unknown is the reason for the delay in the transfer of the record to this court from January 28, 1975, to November 5, 1975.

What is clear is that an appeal from a…