People v. Estrada
People v. Estrada
Opinion of the Court
delivered the opinion of the court.
The appellant here is desirous of showing the court’s action in response to a motion for dismissal in not having a trial within 120 days from the presentation of the information. He recited that the secretary failed to join the order to the transcript and the said appellant accompanies a certificate from the stenographer to show the order of the court. We have frequently held that the stenographer is powerless to certify a proceeding to this court. It must be the court, the secretary or the attorneys, dependent upon the matter to be certified. See especially section 356, Code of Criminal Procedure.
If a matter is not of record in the court below it should •be made so by appropriate application.
The motion for correction should be overruled.
Motion overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.