People v. Bowman

Full title: People v. Bowman

Court: Superior Court of California, Appellate Division, San Bernardino.

Date published: Apr 28, 1955

132 Cal.App.2d Supp. 915 (Cal. Super. 1955)

282 P.2d 1042

Opinion

132 Cal.App.2d Supp. 915 282 P.2d 1042 THE PEOPLE, Respondent, v. JOHN BOWMAN, Appellant. Crim. A. No. 24. Superior Court of California, Appellate Division, San Bernardino. April 28, 1955

        COUNSEL

        Paul A. Fowler and Thomas C. Parry for Appellant. Lowell E. Lathrop, District Attorney (San Bernardino), for Respondent

         OPINION

         HILLIARD, J.

         Defendant, having been convicted after a jury trial on a charge of violating section 246 of the California Vehicle Code, has filed his notice of appeal, and briefs in support thereof.

         Respondent moves to dismiss the appeal for irregularity in a substantial respect pursuant to rule 10 of the Rules on Appeal From Municipal Courts and Inferior Courts in Criminal Cases.

         Copy of the trial court docket, included in the Record on Appeal in conformity with rule 3, indicates that the jury returned its verdict on or prior to February 28, 1955. On that date counsel for appellant filed a written notice of appeal. Thereafter, on March 1, 1955, judgment of conviction was entered and sentence pronounced; appellant's motion for new trial was made and argued; and the trial court denied the motion for new trial.          It is apparent that the notice of appeal was premature since rule 2 provides such notice shall be filed with the trial court within five days after the rendition of judgment. Unless so filed within the time required it is void and of no effect. (People v. Wilson, 7 Cal.App.2d 543 ; Garrett v. Superior Court, 79 Cal.App. 273 .)

         For the reason above stated the motion is granted and the appeal is dismissed.

         Coughlin, J., and Mitchell, J., concurred.