People v. Deleaney, Cr. 5268

CourtCalifornia Court of Appeals
Citation283 P.2d 287,132 Cal.App.2d 838
Decision Date12 May 1955
Docket NumberCr. 5268
PartiesPEOPLE of the State of California, Plaintiff and Respondent, v. Llewellyn J. DELEANEY, Defendant and Appellant.

Robert A. Neeb, Jr., Beverly Hills, for appellant.

Edmund G. Brown, Atty. Gen., Elizabeth Miller, Deputy Atty. Gen., for respondent.

McCOMB, Justice.

Defendant entered a plea of guilty to issuing a check in the amount of $46.58 on February 20, 1954, without sufficient funds, with intent to cheat and defraud Phil Englander, Todd's Clothiers and the Bank of America National Trust & Savings Association.

After his pleas for probation and a modification of sentence were denied, he filed in the Superior Court a document, the material parts of which are as follows:

'To the Superior Court of the State of California and for the County of Los Angeles. Honorable Judge; Ralph K. Pierson: Department 46. In Re: People vs. Llewellyn J. Delaney. Case No. 162965.

'On this date, having received a certified copy of an order denying a petition for a modification. Petitioner hereby makes known his intentions to file an appeal for a new trial, rehearing or modification upon the grounds that his constitutional rights have been abused, violated and disregarded to wit:'

This is the sole question for us to decide:

Did the foregoing document constitute a notice of appeal?

No. An appeal from a judgment of a superior court or from a particular part thereof is taken by filing with the clerk of that court a notice of appeal therefrom. The notice shall be filed by the appellant or by his attorney and shall be sufficient if it states in substance that the appellant appeals from a specified judgment or a particular part thereof. (Rule 1(a), Rules on Appeal, 36 Cal.2d 1.) In the present case defendant has failed to meet the requirements of the foregoing rule.

The document filed in the superior court does not state that defendant appeals nor does it specify any judgment or particular part thereof from which he appeals. All that the document does is state that defendant intends to file an appeal for new trial rehearing or modification on the grounds that his constitutional rights have been abused, violated and disregarded.

Since no notice of appeal from the judgment of guilty has been filed, this court has no jurisdiction to pass upon any matters urged as grounds for reversal. (People v. Phillips, 45 Cal....

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7 cases
  • Muller v. Muller
    • United States
    • California Court of Appeals
    • November 19, 1962
    ...Neither of these purported appeals is supported by the filing of a notice of appeal and each is therefore dismissed. (People v. Delaney, 132 Cal.App.2d 838, 283 P.2d 287.) Moreover, an order refusing to amend a transcript on appeal is not an appealable order. (People v. Gross, 44 Cal.2d 859......
  • Gonsalves, Application of
    • United States
    • United States State Supreme Court (California)
    • May 31, 1957
    ...extension of time and there was no evidence of fraud, inadvertence or neglect on the part of the adverse party; (People v. Delaney ((1955), 132 Cal.App.2d 838, 283 P.2d 287), People v. Riser ((1956), 47 Cal.2d 594, 305 P.2d 18)) that Petitioner bore the risk of filing by mail (People v. Mar......
  • McManus' Estate, In re
    • United States
    • California Court of Appeals
    • March 25, 1963 review other matters. Glassco v. El Sereno Country Club, Inc. (1932), 217 Cal. 90, 92, 17 P.2d 703; People v. Delaney (1955) 132 Cal.App.2d 838, 839, 283 P.2d 287. ...
  • Zimmerman v. Riggs
    • United States
    • California Court of Appeals
    • July 6, 2011
    ...270 [rule's clear meaning is that notice of appeal must state party's intention to appeal "from some specified thing"]; People v. Delaney(1955) 132 Cal.App.2d 838, 839 [appeal dismissed where notice of appeal failed to "specify any judgment or particular part thereof" from which appeal is t......
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