People v. Crews — 163 Cal. App. 2d 553

Majority

p. 553

[Crim. No. 2771.

Third Dist.

Sept. 16, 1958.]

THE PEOPLE, Respondent, v. WINSTON GLENN CREWS, Appellant.

Peter M. Koutchis, under appointment by District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Doris H. Maier and Lloyd Hinkelman, Deputy Attorneys General, for Respondent.

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

Van Dyke, P. J., and Schottky, J., concurred.

Cases cited

People v. Slobodion 30 Cal.2d 362 Cal. 1947-06-24 p. 553
People v. Head 46 Cal.2d 886 Cal. 1956-08-10 p. 553
People v. Riser 47 Cal.2d 594 Cal. 1956-12-31 p. 553

Statutes and regulations cited

Penal Code
- § 470 p. 553
- § 476a p. 553