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PEOPLE v. McKINLEY.a1
This is an appeal from a conviction in the trial court of the offense of two counts of petty theft, with a prior conviction.
In respondent's brief the Attorney General calls attention to the fact that this court is without jurisdiction to hear the appeal for the reason that the clerk's transcript shows that notice of appeal was presented and filed on the 23d day of January, 1934, and that the statement of the grounds of appeal and demand for a phonographic transcript were filed on January 30, 1934, more than five days thereafter.
This same question was presented to the Supreme Court and decided in People v. Lewis & Crist, 219 Cal. 410, at page 413, 27 P.(2d) 73, 74, where it is stated: “The requirements as to the time for filing notices of appeal are mandatory and jurisdictional in both civil and criminal actions” (citing authorities); and at page 414 of 219 Cal., 27 P.(2d) 73, 74: “Not only must the notice of appeal be filed in time, but a defendant who appeals from a judgment of conviction must, within five days after giving notice of appeal, file with the clerk and present to the trial court an application stating in general terms the grounds of his appeal and the points upon which he relies, and must designate the portions of the reporter's notes necessary to be transcribed. Where the defendant fails to conform with this rule (rule II, § 7, Rules of Supreme Court and District Courts of Appeal), the appellate court is without jurisdiction to consider his appeal.”
The appeal must therefore be dismissed, and the judgment affirmed.
SCHMIDT, Justice pro tem.
We concur: CRAIG, Acting P. J.; DESMOND, J.
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Docket No: Cr. 2518.
Decided: August 27, 1934
Court: District Court of Appeal, Second District, Division 2, California.
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