Majority
p. 731[Crim. No. 7773. Second Dist., Div. Two. Dec. 29, 1961.] THE PEOPLE, Plaintiff and Respondent, v. WILLIE FERREL, Defendant and Appellant.
Willie P err el, in pro. per., for Defendant and Appellant.
Stanley Mosk, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Plaintiff and Respondent.
This appeal, taken by defendant in propria persona, was filed four days too late. There is no competent showing of governmental laxity which would excuse the delay under the doctrine of People v. Slobodion, 30 Cal.2d 362 [ 181 P.2d 868 ] and People v. Head, 46 Cal.2d 886 [ 299 P.2d 872 ]; hence the appeal must be dismissed (People v. Ayala, 148 Cal.App.2d 760 [ 307 P.2d 418 ]).
However, we have made a gratuitous but careful examination of the record and it appears therefrom that the judgment would have to be affirmed upon the merits if we had jurisdiction to pass upon the same.
The appeal is dismissed.
Pox, P. J., and Herndon, J., concurred.
Cases cited
- People v. Slobodion 30 Cal.2d 362 p. 731
- People v. Head 46 Cal.2d 886 p. 731
- People v. Ayala 148 Cal.App.2d 760 p. 731