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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).