In re Lucas CA5

DISCUSSION

“It shall be the duty of every attorney representing an indigent defendant in any criminal, juvenile court, or civil commitment case to execute and file on his or her client’s behalf a timely notice of appeal when the attorney is of the opinion that arguably meritorious grounds exist for a reversal or modification of the judgment or orders to be appealed from, and where, in the attorney’s judgment, it is in the defendant’s interest to pursue any relief that may be available to him or her on appeal; or when directed to do so by a defendant having a right to appeal.” (Pen. Code, § 1240.1, subd. (b), emphasis added.) A notice of appeal must be filed within 60 days of the judgment or order being appealed from. (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).) The doctrine of constructive filing is a “basis for judicial acceptance of an excuse for the appellant’s delay [in filing a notice of appeal] in order to do justice.” (In re Benoit (1973) 10 Cal.3d 72, 84 (Benoit).) The doctrine of constructive filing allows an untimely filed notice of appeal to be deemed…