Charles Sprinkler Sent Charles to court at 4:40 with this.
1273 Rice Road #48, Ojai CA 93023
640 0439
In Pro Per
This motion is on the net at www.lawyerdude.netfirms.com/5827.html
This motion in listed on my Steve762 and Charlie page: http://www.circuitlawyer.8m.com/5695.html
Combined Superior and Municipal Court of California
Trial Court of Judge Herb Curtis
800 S. Victoria, Ventura CA 93003
People
v
Charles Sprinkle
Case # 2002: 013, 441
Document #5827
Motion to continue.
Proof of Service
Date: Thur 12 June 2003
Place: Court of Herb Curtis
Time: 9 a.m.
Contents
Motion to Continue; Appellate Court is still considering this case.
Memorandum of Authorities - Equitable Tolling.
Motion to Continue; Appellate Court is still considering this case.
I, the Defendant, now ask the court to vacate the trial date in this matter until it is returned to this court by the appellate department. Yesterday I filed a Demand for Relief from default. Although I promptly ordered the recordings and promptly asked for a transcription, the last day has not yet been transcribed by the court transcriber and that is why my appeal is late. It is not my fault. The case is now back at the appellate department. I have a copy file-stamped from the court of appeal.
________________________ Charles Sprinkle
Memorandum of Authorities - Equitable Tolling.
Marty the transcriber is an instrumentality of the court. The court may not delay my transcript and then default me because I am late. And this trial court may not go ahead with trial denying me my right to appeal. Equitable tolling prevents the running of time until I receive my transcript. Incidentally, a transcript is fundamental. Griffin v Illinois (1956) 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055. Link to Griffin: http://www.circuitlawyer.8m.com/griffin.html
I, (person who served the paper - print name) ___________________, declare the following under penalty of perjury: On 13 Feb 2003 I served this paper on the receptionist at the D.A. office. Thereafter I filed this motion with the clerk at the filing window.
Signed _________________________Wednesday, June 11, 2003