Castro

Juan Ramirez Castro, appellant, filed on December 2,1982, a motion to settle the record on appeal, pursuant to California Rules of Court, rule 36(b), and to extend the time for filing his opening brief to 30 days from the filing of the settled statement. 1 Appellant seeks to obtain a settled statement of an unreported in-chambers discussion between the trial court judge and appellant’s counsel concerning a motion made pursuant to Penal Code section 1368. 2 We deny the motion, as one not properly addressed to this court.

Rule 36(b), providing for settled statements in criminal cases, states that “[i]f a transcription of any part of the oral proceedings cannot be obtained for any reason, the appellant, as soon as the impossibility of obtaining a transcript is discovered, may serve and file an application for permission to prepare a settled statement in place thereof. The application shall be verified and shall contain a statement of the facts or a certificate of the clerk showing that a reporter’s transcript cannot be obtained. The judge shall decide the application within five days, and, if the showing is sufficient, shall make an order permitting the preparation of a…