PEOPLE v. WILSON

BARNARD, P.J.

The defendant, after conviction on a charge of driving a vehicle on a public highway while under the influence of intoxicating liquor, has attempted to appeal and the respondent has moved to dismiss the appeal.

[1] When the verdict was entered counsel for appellant stated that he was giving oral notice of appeal. This notice was premature and without effect. ( People v. Ward, 138 Cal. 684 [ 72 P. 343]; People v. Hill, 1 Cal.App. 414 [ 82 P. 398].) [2] Thereafter judgment was entered, no notice of appeal being then given. Five days later, a written notice of appeal from the judgment and from an order denying a motion for a new trial was filed. This notice was too late and was ineffectual for any purpose. (Sec. 1239, Pen. Code; People v. Lewis, 219 Cal. 410 [ 27 P.2d 73]; People v. Sullivan, 123 Cal.App. 436 [ 11 P.2d 420]; People v. Payne, 106 Cal.App. 609 [ 289 P. 909].)

The motion is granted and the appeal is dismissed.

Marks, J., and Harden, J., pro tem., concurred.