Perrin

This is a petition for permission to file a delayed notice of appeal under rule 31(a) of the California Rules of Court. The Attorney General, after investigation of the case, with commendable fairness, has informed the court that he does not oppose the granting of the requested relief.

This is a case where relief is clearly justified. The record shows that the two defendants, after a joint trial, were convicted of burglary. On August 9, 1965, they were sentenced to the state prison. They aver that after conviction and before sentence their privately retained counsel promised to appeal. On August 9, 1965, the attorney did make an oral motion to appeal which was ineffective because not in writing. No written notice was filed within the required 10-day period. On August 13, 1965, the two defendants were admitted to the Reception Guidance Center at Vacaville. On this same day it is averred they made written request to use the law library in order to learn the procedure required to take an appeal. Permission was not granted to use the law library until August 20, 1965, 11 days after sentencing. The permission slip so dated is attached to the petition. Petitioners aver that on this…