What happens when the court clerk is the reaspn for missing the deadline to file the Notice of Appeal??
My former attorney and also the Judge failed to notify me regarding my right to appeal, and the deadlines for filing the notice of appeal. The case was originally 1 Felony & 3 Misdemeanor charges. The felony was reduced to a misdemeanor via 17(b) as part of a plea deal. Upon researching my case, I learned of the appeal deadlines at the last moment. I arrived at the clerks office on day 59, and attempted to file my appeal. The clerk would not accept the notice of appeal, as I was told this was a misdemeanor case. I had brought the California rules of court and showed the clerk that my case was considered a Felony case for appeal purposes. However, she refused. I arrived back to the clerks office the next available day, with the misdeanor notice of appeal. I knew it was past the 30days for such, but wanted to also file a letter to the court with the notice. This was accepted, but the court denied my appeal due to untimely filing. Do I have any course of action against the court clerk, and is there anyway of being granted the appeal as this was a mistake by the court clerk??
