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Name: People v. Grimes
Case #: C058369
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/16/2009

The clerk’s two-year delay in mailing the notice of appeal was not prejudicial. Appellant timely filed a notice of appeal on November 23, 2005. The clerk’s office did not mail the notice of appeal to the Court of Appeal until March 11, 2008, along with a note that said it had been “filed and forgotten” and that appellant would “likely be out of prison by now.” Because the appellate court affirmed the judgment, it found that appellant had not been prejudiced by the delay. It noted, however, that a clerical mistake resulting in a delayed appeal will not always be without consequences where, if an appeal has merit, the delay could mean a person suffered unwarranted incarceration or collateral consequences.