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District Court of Appeal, Third District, California.

The PEOPLE of the State of California, Plaintiff and Respondent, v. Winston Glenn CREWS, Defendant and Appellant.

Cr. 2771.

Decided: September 16, 1958

Peter M. Koutchis, Sacramento, for appellant. Edmund G. Brown, Atty. Gen., by Doris H. Maier and Lloyd Hinkelman, Deputies Atty. Gen., for respondent.

Defendant appeals from a judgment of conviction following a jury verdict finding him guilty of forgery (Penal Code, sec. 470) and issuing a check without sufficient funds. Penal Code, sec. 476a.

The record shows that defendant's notice of appeal was filed on the eleventh day following the entry of judgment. The mere fact that the notice was prepared for defendant and filed by the prison records officer is insufficient to warrant application of the rule enunciated in People v. Slobodion, 30 Cal.2d 362, 181 P.2d 868. See also People v. Head, 46 Cal.2d 886, 299 P.2d 872. It necessarily follows that the appeal must be dismissed. People v. Riser, 47 Cal.2d 594, 305 P.2d 18.

The appeal is dismissed.

PEEK, Justice.

VAN DYKE, P. J., and SCHOTTKY, J., concur.

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