What is an appeal?

An appeal is a request to a higher court for review of a decision made in a completed trial or proceeding. The purpose of an appeal is to review the proceedings in the trial court to see if the law was followed. An appeal is not a retrial. No new testimony is presented and no new evidence is given. The Court of Appeal has no power to decide questions of fact, such as guilt or innocence. It has no power to decide a sentence. Decisions such as those are only for the jury or trial judge and cannot be changed by the Court of Appeal. The Court of Appeal deals with legal questions.

When do I file my appeal?

There are very strict timelines established for filing a Notice of Appeal. For an appeal a felony case, the Notice of Appeal must be filed in the Appeals Division within 60 days from the date of sentencing in criminal matters. Appeals in civil matters must be filed within 60 days after the mailing of the Notice of Entry of Judgment or 60 days after the date of service of the Notice of Entry of Judgment, or 180 days after the date of entry of the judgment, if neither of the first two events occurred. Lower division appeals must be filed within 30 days after the rendition of judgment or filing of the order in criminal cases. Civil appeals must be filed on or before 30 days after the mailing of the Notice of Entry of Judgment or 30 days after the date of service of the Notice of Entry of Judgment, or 90 days after the date of entry of the judgment, if neither of the first two events occurred.

What is the “lower division” of a court?

The lower division of a Superior Court is what used to be known as Municipal Court. This court usually decides the “lesser” crimes, such as misdemeanors and infractions. Civil cases concern a monetary amount less than $25,000. The court system has consolidated, and now there is only the Superior Court, with these less serious crimes handled in a “lower division” of that court.

What is the difference between a misdemeanor and a felony?

Misdemeanors and felonies are the two major crime groups. The potential punishment determines which category a crime would fall into. If the law provides for imprisonment for longer than a year, the crime is usually considered a felony. If the imprisonment lasts for a year or less, the crime would be classified as a misdemeanor. Behaviors punishable by fines are usually infractions, for example, traffic tickets. Legislature occasionally requires behavior punished by fine only to be classified as a misdemeanor, such as possession of less than an ounce of marijuana for personal use.

How long does the appeal process take?

The appeal process usually takes months. A trial transcript must be prepared and both the defense and prosecution prepare briefs and respond to each other’s briefs. Delays may be encountered with hearing continuances and time extensions throughout the appeal.

Do I need an attorney?

No, you are not required to be represented by counsel. However, you may want to have an attorney represent with you upon appeal. Court staff cannot provide legal advice regarding your appeal; they may only answer procedural questions.

What is an appellant and a respondent?

When the appellate process begins the defendant or person appealing is called the appellant or petitioner. The opposing or responding party is known as the respondent.

Who do I contact if I have questions regarding my appeal?

Although Court staff cannot provide you with legal advice, you may contact the Appeals Division of Napa Superior Court at (707) 299-1147 for general information regarding procedural matters and the status of your appeal. All correspondence will include your assigned case number. Please have this number available when you contact the Appeals office.

Is all of this information written down somewhere?

Yes. California Rules of Court govern procedures in California courts. The appellate sections for criminal cases are Rules 30-38. Civil appeals are covered in Rules 1-12. Lower division Rules are 121-144 for civil appeals and Rules 180-191 contain the information for lower division criminal and traffic appeals. The Appellate Division can be found in Rules 100-108. These Rules state the requirements for that particular type of appeal. Other valuable information is found throughout the C.R.C., but these sections will be the most informative on the appeals process. Every law library will have a copy of this very valuable tool, and most likely, it can be found on several sites on the Internet.

Where can I find the forms I need to file my appeal?

Law libraries are the first source for any type of legal form. Legal publishers have created books containing standardized “fill-in-the-blank” forms approved by the Judicial Council. You photocopy the needed form, complete it according to its instructions, and file it with the court. The Internet is also a good source for forms. The California Courts Website at www.courtinfo.ca.gov has a section on forms for downloading by the public.