Serrano

Effective January 1, 1972, by an amendment of rule 31(a) of the California Rules of Court, the time to file notice of appeal in criminal cases was changed from 10 days to 60 days and there was deleted from that rule its former language which had authorized the reviewing court in appropriate cases to grant criminal defendants relief from their failure to file timely notice of appeal. Likewise effective January 1, 1972, rule 31(d) was amended to provide that appeals from convictions on pleas of guilty or nolo contendere must be taken within 60 days after judgment, rather than (as formerly) 10 days.

Upon the application of each above named petitioner, we issued orders to show cause to determine whether, in the factual context of the cases here presented, this court’s power to permit late criminal appeals has been eliminated by the 1972 amendments. The proceedings have been consolidated for hearing and decision.

Application of Rodrick Serrano

The allegations of Serrano’s petition are uncontroverted by the People’s return.

On January 7, 1972, in the Superior Court of San Joaquin County, judgment was entered on a jury verdict convicting Serrano of second degree murder. His…