Casillas

Gilbert A. Casillas petitions for relief under rule 31(a) of the California Rules of Court from a late filing of a notice of appeal.

On October 18, 1963, petitioner was sentenced for sale of narcotics, and his trial attorney informed the court that petitioner intended to appeal and promised petitioner he would file the required notice. 1 On November 4, 1963 (seven days late), the attorney had a notice of appeal delivered to the clerk of the superior court. The following day petitioner received a letter from the clerk stating that the notice of appeal had not been filed because it was received after expiration of the time for filing it. Petitioner relied upon his attorney’s promise to file the notice and, until receipt of the letter from the clerk, was unaware that the notice had not been timely filed.

Rule 31(a) of the California Rules of Court relating to criminal proceedings provides: "(a) In the cases provided by law, an appeal is taken by filing a written notice of appeal with the clerk of the superior court within 10 days after the rendition of the judgment or the making of the order, . .. Whenever a notice of appeal is received by the clerk of the superior court after the…