Tucker

This is a petition by Homer T. Tucker under rule 31(a) of the California Rules of Court 1 for relief from a late filing of a notice of appeal in a criminal case. This is one of a series of cases involving the proper interpretation of that rule. It has already been determined that such rule confers power on the appellate courts to grant relief from a late filing, and that such rule should be liberally interpreted so as to protect the right of appeal. (People v. Casillas, ante, pp. 344, 346 [ 38 Cal.Rptr. 721 , 392 P.2d 521 ].)

Petitioner was convicted of second degree murder. He was then represented by a court-appointed attorney who did, however, receive $800 from relatives of petitioner as a fee. Petitioner was sentenced on July 14, 1963. He filed a notice of appeal on September 27, 1963, obviously late. Pursuant to rule 31(a), the superior court clerk notified petitioner *830 that his notice had been offered for filing late and that he could petition the appellate court for relief from default. This he has done, and this court has appointed counsel for him. Because there appeared to be a conflict between defendant and his original attorney over the pertinent facts, the Honorable…