Curry

Petitioner seeks relief from his default in failing to file a notice of appeal in a criminal case within the 10-day period specified by rule 31(a) of the California Rules of Court. That rule provides for relief from default in a proper case. 1 There have been several recent cases interpreting this rule and determining when it is operative.

In People v. Casillas, 61 Cal.2d 344 [ 38 Cal.Rptr. 721 , 392 P.2d 521 ], the validity of the rule was upheld, and it was determined that it should be liberally construed so as to protect, where possible, the right of appeal. In that case during the 10-day period the attorney promised to appeal but did not do so. Relief was granted.

In People v. Tucker, 61 Cal.2d 828 [ 40 Cal.Rptr. 609 , 395 P.2d 449 ], the defendant told the attorney he wanted to appeal and claimed the attorney stated that he would do so. The attorney denied making such a promise. This conflict was resolved in favor of the defendant. It was held that, where the defendant asks his trial attorney to appeal and the attorney promises to do so, in the absence of an estoppel, relief should be granted.

People v. Johnson, 61 Cal.2d 843 [ 40 Cal.Rptr. 708 , 395 *209 P.2d 668 ], was…