LeBlanc

I. Introduction

Defendant, Junius M. LeBlanc, appeals after he was convicted of cocaine possession following the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5 and his ensuing nolo contendere plea. In the published portion of this opinion, we: determine he has timely filed a notice of appeal; reverse the order denying the motion to suppress evidence; and remand for the trial court to decide the consent and other issues.

II. Timeliness of the Appeal

The parties raise the question of whether the notice of appeal was timely filed. Defendant was sentenced to prison on September 18, 1996. The notice of appeal was given to prison officials for mailing on November 17, 1996, a Sunday. This was 60 days after the sentencing of September 18, 1996. Hence, giving the notice of appeal to the “Dorm Officer” of the unit in which defendant was incarcerated constituted constructive filing of the notice of appeal. (In re Jordan (1992) 4 Cal.4th 116, 129-130 [ 13 Cal.Rptr.2d 878 , 840 P.2d 983 ]; People v. Slobodion (1947) 30 Cal.2d 362, 365-368 [ 181 P.2d 868 ].) The fact the envelope containing the notice was addressed to the clerk of the Court of Appeal…