In re Salas CA5

STATEMENT OF FACTS

On June 20, 2012, a Tulare County jury found petitioner guilty of murder with street gang and firearm enhancements. Both petitioner and defense counsel declare, under penalty of perjury, that petitioner asked counsel to file an appeal immediately upon conviction. On August 24, 2012, the superior court sentenced petitioner to a prison term of 25 years to life. No notice of appeal was ever filed in the matter.

DISCUSSION

A notice of appeal must be filed within 60 days of the judgment or order being appealed from to confer appellate jurisdiction on this court. (Cal. Rules of Court, rule 8.308(a).) An appealable judgment in a criminal case is generally rendered at the time of sentencing. (Pen. Code, § 1237, subd. (a).)1 Based on petitioner’s August 24, 2012, sentencing date, petitioner was required to file a notice of appeal in the trial court no later than October 23, 2012. A criminal defendant has the burden of timely filing a notice of appeal, but that burden may be delegated to counsel. (In re Fountain (1977) 74 Cal.App.3d 715, 719.) Moreover, appointed defense counsel has a statutorily imposed duty to “execute and file” a timely notice of appeal where…