California Court of Appeal

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People v. Zarazua, C062268

People's motion to vacate and reconsider an order granting defendant's motion for constructive filing of an appeal is denied as, when a notice of appeal in a criminal case is received by the trial court after the jurisdictional deadline to perfect the appeal, the appellate court may deem the notice of appeal to have been constructively filed in a timely manner if, prior to the deadline, the defendant expressly relied on his trial counsel to file it, but trial counsel neglected to do so.

Appellate Information

  • Decided 11/30/2009
  • Published 11/30/2009

Judges

  • BY THE COURT.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, and Ryan B. McCarroll, Deputy Attorney General, for Plaintiff and Appellant.

  • For Appellees:
  • Elizabeth M. Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
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