Herrera
People v. Herrera
Opinion
lead Opinion
McComb, J.
The Court of Appeal, Second Appellate District, Division One, granted a motion dismissing defendant’s appeal without an opinion.
Fads: On December 13, 1965, a judgment of conviction was entered in the trial court following defendant’s plea of guilty to the charge of escape from the Santa Barbara County Honor Farm (Pen. Code, §4532, subd. (b)).
On December 24, 1965, defendant filed with the trial court a written statement required by section 1237.5 of the Penal Code 1 and a notice of appeal. The notice of appeal and the *665 statement required by defendant under section 1237.5 are dated December 21, 1965, and his address is shown as the Santa Barbara County jail. His notice and statement were timely filed.
By the terms of rule 31(d) of the California Rules of Court, the trial judge, within 60 days after the rendition of judgment, should have filed either a certificate of probable cause in order to make defendant’s appeal operative or an order denying such certificate. He did neither.
On March 10, 1966, the trial judge approved the record on appeal, which was thereafter transmitted to the Court of Appeal, and counsel was appointed to represent defendant.