People v. Garcia

PETERS, J. This is a petition by Jerry Joseph Garcia, Jr., for relief from default because of the late filing of a notice of appeal. Under rule 31(a) of the California Rules of Court the power is conferred upon the appellate courts to grant relief in proper cases from a late filing. It is settled by the case law that the power thus conferred should be liberally exercised to protect the right to appeal where reasonably possible. (People v. Casillas, 61 Cal. 2d 344 [38 Cal. Rptr. 721, 392 P.2d 521]; People v. Madrid, 62 Cal. 2d 602 [43 Cal. Rptr. 638, 400 P.2d 750], and cases cited.)