Rivera

DISCUSSION

“ ‘An untimely notice of appeal is “wholly ineffectual: The delay cannot be waived, it cannot be cured by nunc pro tunc order, and the appellate court has not power to grant relief, but must dismiss the appeal on motion of a party or on its own motion.” ’ ” (In re Chavez (2003) 30 Cal.4th 643, 650; accord, In re Jordan (1992) 4 Cal.4th 116, 121.) Except in time of public emergency, “no court may extend the time to file a notice

2 of appeal.” (Cal. Rules of Court, rule 8.308(a); id., rule 8.60(d) [“a reviewing court may relieve a party from default for any failure to comply with these rules except the failure to file a timely notice of appeal,” italics added].) Nevertheless, the rule of dismissal is subject to a small area of exceptions known as “constructive” filing, which creatively utilize legal fictions to treat the notice of appeal as timely filed. (See Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106, 113-114.) The first recognized instance of constructive filing was the so-called ‘prison-delivery” or “prison filing” rule unveiled in People v. Slobodion (1947) 30 Cal.2d 362. There, prior to expiration of the time for filing a notice of appeal, a…