
California Rules of Court for Criminal Cases
INSTRUCTIONS ON APPEAL PROCEDURES FOR INFRACTIONS
The following information will assist you with the general guidelines
on appeal procedures. It is not intended to be comprehensive in nature,
but to act as an overview. You are advised to thoroughly read California
Rules of Court, Title One, Appellate Rules, rules 101 through 108 and rules 180 through 191. The court
clerks cannot assist you. You should direct any questions you have to
an attorney of your own choosing.
1. NATURE OF AN APPEAL
A party may appeal an unfavorable decision made in the trial court to
the Appellate Division of the Superior Court. The appeal must be directed
towards errors of law only. An appeal is not a retrial, and you will not
be permitted to introduce new evidence.
2. PARTIES
The party filing the appeal is called the APPELLANT. The party against
whom the appeal is brought (People of the State of California) is called
the RESPONDENT.
3. NOTICE OF APPEAL
You must file your Notice
of Appeal (form TR-155) with the clerk of
the trial court within 30 CALENDAR DAYS after the date of sentencing.
(Cal. Rules of Court, rule 182.) No extension of this time limit is allowed.
4. PROPOSED STATEMENT
a. WITHIN 15 DAYS after filing the Notice of Appeal, you should file a
Proposed
Statement on Appeal (form TR-160). (Cal. Rules of Court, rule
184(d).) The Proposed Statement should contain all of the following:
1) Grounds of appeal—a statement of the legal errors you believe
were committed by the trial court. (Cal. Rules of Court, rule 184(b).)
(2) A statement of the evidence or trial procedures relevant
to each of your grounds of appeal. (Cal. Rules of Court, rule 184(b).)
NOTICE: The filing of a Proposed Statement is required
in order to prepare a settled statement. Although it is technically
possible for an appeal to proceed in the absence of a settled statement,
as a
practical
matter in almost all cases such a statement will be necessary for
the Appellate Division to meaningfully review the appeal. The proposed
statement must be filed with the clerk of the trial court.
b. If you have decided to proceed with your appeal by way of a
settled statement, complete the form according to the
above. The document
should be TYPED if possible. If a transcript is not available,
a settled statement is necessary.
c. In addition to filing the
original Proposed Statement with the court, a copy of your Proposed
Statement must be mailed to the
district attorney
or city attorney where the case was tried.
d. You may request
and pay for a certified transcript.
5. SETTLING THE PROPOSED STATEMENT
a. The District Attorney/City Attorney has the right
to file proposed amendments to your Proposed Statement
within
15 days after it is
filed. (Cal. Rules of Court, rule 185.) After the District
Attorney/City Attorney
has filed proposed amendments, or the time for filing has
passed, a hearing will be set by the clerk before the
judge who decided
your
case for the
purpose of settling the Proposed Statement. (Cal. Rules of
Court, rule 187.) b. The trial judge may correct,
alter, or rewrite the statement so that it fairly and truly
sets forth the
evidence and proceedings,
and
may
direct
you to prepare a revised statement for his or her signature.
However, your statement of grounds of appeal cannot be eliminated
from the
settled statement. (Cal. Rules of Court, rule 187.)
c. After
the revised statement is prepared, the judge will certify to its
correctness. 6. TRANSFER OF APPEAL
a. After a record of the trial court's proceedings has been prepared,
it will be sent to the Appellate Division of the Superior Court. The
Superior
Court will then mail you a notice stating the date your opening brief
is due. You must file an opening brief by the date set by the court.
Failure
to do so may result in the dismissal of your appeal. (Cal. Rules of Court,
rule 190.)
b. The preparation and filing of briefs is governed by California
Rules
of Court, rule 105. You should read this rule thoroughly and comply with
it accordingly.
c. If the District Attorney files a Respondent's Brief,
you may file a reply brief; however, one is not required. (Cal. Rules
of Court, rule
105(a).)
7. PAYMENT OF YOUR FINE
The filing of an appeal does NOT postpone the payment of your fine or
any other condition of the sentence. If the fine is not paid by the date
or any condition ordered by the court is not met, a warrant may be issued
for your arrest or a civil collections process may be instituted against
you. (Pen. Code, § 1467.)
8. ABANDONMENT OF APPEAL
Should you decide not to proceed with your appeal, you must file an Abandonment
of Appeal (form TR-165).
|