HALEY v. WILSON

PER CURIAM:

Appellant seeks relief, by habeas corpus, from state imprisonment following state conviction of the crime of possession of marijuana.

The District Court denied the writ. In its order it noted:

"On page three of the petition filed herein, petitioner states that `the public defender said he would take care of the appeal.' No appeal was taken. California Rules of Court, Rule 31(a), provides that in a proper case petitioner may seek relief from his default in failing to file a timely notice of appeal in a criminal case. See People v. Curry, 62 A.C. 211 [ 62 Cal.2d 207, 42 Cal.Rptr. 17, 397 P.2d 1009] (1965)."

The Court ruled:

"Petitioner has failed to exhaust available state remedies. The petition is, therefore, denied."

We agree.

Affirmed.