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People v. Zarazua, No. C062268

By FindLaw Staff on December 01, 2009 11:06 AM

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.     

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Appellate Information

Filed November 30, 2009


Opinion by Judge Scotland

For Appellant:   Elizabeth M. Campbell

For Appellee:  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

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