Madrid

Petitioner seeks relief from his default in failing to file his 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 permits relief from such a default in a proper case. (People v. Casillas, 61 Cal.2d 344 [ 38 Cal.Rptr. 721 , 392 P.2d 521 ].) The power thus conferred should be liberally exercised to avoid, if reasonably possible, the loss of the right to appeal. Many of the prior cases applying that liberal rule of construction have been cited and reviewed in People v. Curry, ante, p. 207 [ 42 Cal.Rptr. 17 , 397 P.2d 1009 ], (See also In re Notz, ante, p. 423 [ 42 Cal.Rptr. 321 , 398 P.2d 593 ]; People v. Collier, ante, p. 543 [ 43 Cal.Rptr. 1 , 399 P.2d 569 ]; and People v. Krebs, ante, p. 584 [ 43 Cal.Rptr. 331 , 400 P.2d 323 ].)

In the Curry case, supra, ante, at page 210, it was stated: “Under the rules of these cases it is now settled that where there is a request to appeal within the 10-day period by the defendent, and a promise of the attorney to do so, or where there is such a promise but no such request, or where there is such a request but no promise, absent grounds of waiver or estoppel, the…