Supreme Court of California

Rule 45(e) of the Cal. Rules of Court does not authorize the court of appeal to relieve a defendant from default resulting from failure to timely file a statement of reasonable grounds for appeal, and the doctrine of constructive filing of an appeal is inapplicable under the circumstances.

Appellate Information

• Decided 05/15/2003
• Published 05/15/2003

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  David K. Rankin, San Diego, under appointment by the Supreme Court, for Petitioner Esteban Noe Chavez.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert Anderson and David P. Druliner, Chief Assistant Attorneys General, Garty W. Schons, Assistant Attorney General, Laura Whitcomb Halgren, Steven T. Oetting, Raquel M. Gonzalez and Kristine A. Gutierrez, Deputy Attorneys General, for Respondent the People.