(concurring in part, dissenting in part).
I concur with my colleagues as to the dismissal of the seventeen cases in which no notice of appeal was filed. However, I am of the opinion that No. 2 CA-CR 153 likewise should be dismissed on jurisdictional grounds, i. e., lack of jurisdiction of the person.
I have no quarrel with the basic proposition that such “jurisdictional” question may .be waived by failure to raise a timely objection. 4A C.J.S. Appeal & Error § 595b. The majority appears to predicate its finding of waiver upon lack of a timely objection, and therein I disagree. It would require more than filing a designation of additional record on appeal to convince me that the appellee had intentionally relinquished a known right. Participation or appearance in the appellate proceedings would, in my opinion, constitute a waiver. See e. g., Baumgarten v. Jones, 21 Wis.2d 467, 124 N.W.2d 609 (1963); Jones v. Jones’ Adm’x., 120 Vt. 151, 134 A.2d 841 (1957); Szafranski v. Radetzky, 31 Wis.2d 119, 141 N.W.2d 902 (1966); Dreves v. *393Osolo School Tp. of Elkhart County, 217 Ind. 388, 28 N.E.2d 252, 128 A.L.R. 1405 (1940).
The appellee was entitled to receive notice of the appeal in accordance with the mandate of Rules 350 and 352, Rules of Criminal Procedure, 17 A.R.S. He has raised the objection to lack of notice at the first opportunity in this court, i. e., after receipt of this court’s notice that the case had been docketed and two weeks before appellant’s opening brief was filed. Such objection, to me, is timely, and I would not hold the single act in the trial court to constitute a waiver. See, Winchester v. Winn, 225 Mo.App. 288, 29 S.W.2d 188 (1930) (approval of supersedeas bond held not to constitute a waiver); Bray Clothing Co. v. Holland, 98 Okl. 164, 224 P. 324 (1924) (appellee’s suggested amendments to case-made held not to be a waiver).