PEOPLE v. PEREZ Part I
A statement of reasonable grounds for appeal required by Rule of Court 8.304(b), formerly Rule 30(b), must be filed within 60 days of the rendition of judgment even though Judicial Council in amending rule did not incorporate into the revised rule the express 60 day deadline of former Rule 31(d). Court of appeal may grant a motion for the "constructive filing" in superior court of a late statement of reasonable grounds for appeal, provided the defendant makes a showing of good cause for that relief. Although defendant qualified for constructive filing because he reasonably relied on his trial attorney to perfect his appeal in the proper manner and had no reason to know that the issue of mental competence, identified by his trial attorney in the notice of appeal, was not properly perfected for review on appeal, he was nevertheless not entitled to file a belated statement of reasonable grounds for appeal in the trial court where he sought to identify a clearly frivolous appellate issue the trial court's "denying his request for a hearing to determine whether he was competent to stand trial." Where court cited defendant's numerous prior criminal convictions as a basis for imposing the upper term sentence and stated this factor alone justified the upper term, its consideration of other aggravating factors that were not submitted to the jury was harmless.
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