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
Judges
Opinion by Judge Scotland
CounselFor 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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