Does a defendant who fails to assert his substantial rights in a timely manner when an appeal is available from the judgment no longer have substantial rights for appellate purposes?

California, United States of America


The following excerpt is from People v. Briones, C054211 (Cal. App. 8/31/2007), C054211 (Cal. App. 2007):

A defendant who has failed to assert his substantial rights in a timely manner when an appeal is available from the judgment no longer possesses substantial rights for appellate purposes. (People v. Howerton (1953) 40 Cal.2d 217, 220.)

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