Does the doctrine of constructive appeal apply where a governmental act or omission has prevented a defendant from filing a timely notice of appeal?

The doctrine of constructive appeal has also been applied where a governmental act or omission has precluded a defendant from filing a timely notice of appeal. In People v. Slobodian (1947) 30 Cal.2d 362, 367-368, the court concluded the defendant was entitled to constructive filing of his notice of appeal where prison officials delayed what would have otherwise been a timely notice of appeal. Moreover, the court in People v. Martin (1963) 60 Cal.2d 615, 616-617, concluded "when a defendant has diligently sought to file a timely notice but has been frustrated due to some default on the part of public officials charged with the administration of justice, a late filing has been deemed sufficient." (Id. at p. 617.)

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