Funches

People v. Funches

Good Law
67 Cal. App. 4th 267
Court of Appeal of CaliforniaOctober 15, 1998No. B123780California1,783 words

Opinion

Lead Opinion

Turner, J.

Defendant, Jerry Carwell Punches, purports to appeal from a judgment imposed on January 28, 1985. The notice of appeal was not filed until June 4, 1998. We issued an order to show cause concerning potential dismissal of the appeal because of its apparent untimeliness. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126 [ 32 Cal.Rptr.2d 275 , 876 P.2d 1074 ]; Olson v. Cory (1983) 35 Cal.3d 390, 398 [ 197 Cal.Rptr. 843 , 673 P.2d 720 ].) We set the matter for oral argument and now dismiss the appeal.

Subject to certain narrow constitutional limitations, there is no right to appeal. (Lindsey v. Normet (1972) 405 U.S. 56, 77 [ 92 S.Ct. 862, 876 , 31 L.Ed.2d 36 ]; Trede v. Superior Court (1943) 21 Cal.2d 630, 634 [ 134 P.2d 745 ].) The California Supreme Court has repeatedly held that the right to appeal is wholly statutory. (People v. Chi Ko Wong (1976) 18 Cal.3d 698, 709 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ] disapproved on another point in People v. Green (1980) 27 Cal.3d 1, 33-34 [ 164 Cal.Rptr. 1 , 609 P.2d 468 ] [“. . . a judgment or order is not appealable unless expressly made so by statute”]; Skaffw. Small Claims Court (1968) 68 Cal.2d 76, 78 [ 65 Cal.Rptr. 65 , 435 P.2d…

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