California Criminal Appeals

An appeal is the review of a conviction by a California appeals court. Misdemeanors appeals are heard by the Appellate Division of the Superior Court while the California Court of Appeals handles felony convictions. Having a conviction reviewed is not the same thing as getting a new trial: the appellate court does not retry cases, consider new evidence, or hear witness testimony. It reviews the proceedings and rulings of the lower court to decide if any legal errors were made to the detriment of either the appellant (the party who filed the appeal) or the respondent, who opposes the appeal.

Notice of Appeal: Anyone convicted in the California Superior Court (also known as the trial court) is entitled to appeal their conviction or probation revocation. They or their California appeals attorney commence the process by filing a Notice of Appeal within 30 days (for misdemeanors) or 60 days (for felonies) after a final judgment was passed in the trial court.
Late Filing: Sometimes it is not possible for an appeal to be filed within the 30 or 60 day time frame. When this happens, the defendant must request the court to grant them relief from their default. There are two primary grounds upon which relief is granted: the defendant’s attorney failed to perform certain duties relating to an appeal (i.e. did not advise their client of the right to appeal) and the principle of constructive filing, which usually comes into effect when an incarcerated defendant submits the notice by mail within the required time frame but it arrives late.
Bail Eligibility during Appeal: A defendant who is appealing a misdemeanor conviction has a right to bail pending their appeal. For a felony conviction, the trial court decides whether or not bail will be granted. If it denies the motion, the defendant may appeal that decision to the Court of Appeal, but only after demonstrating that the trial court refused the motion without proper justification. Bail will only be considered in felony cases if the court is convinced that the defendant will not flee, does not pose a danger to the community, and is appealing a genuine legal issue that could result in a reversal of their conviction.
Preparation of Court Transcripts: After a notice of appeal is filed, the Superior Court must prepare two transcripts. The first is the court reporter’s transcript. The other is the clerk’s transcript, which consists of exhibits and other documents pertaining to the trial. If any documents or transcripts are missing from the record, the defendant or their attorney may request that it be added. Some items, such as those that are not public records, should be sent directly to the Court of Appeal under seal.
Appellant’s Opening Brief: The opening brief gives the appellant the opportunity to tell the Court of Appeal why they should be granted appellate relief, which can consist of a conviction reversal, new trial, or altered sentence. The brief summarizes all facts of the case and itemizes the trial court’s legal errors. Briefs can be submitted by filing a hard copy or electronic copy.
Respondent's Brief: The respondent (typically the prosecution) brief is filed in answer to the appellant's opening brief. It explains and justifies the alleged legal errors listed in the appellant document. California law allows the appellant to file a reply brief that only responds to the respondent’s points. They cannot raise new issues and must be filed within 20 days after the respondent’s brief was filed.
Oral Argument: The California criminal appeals process allows appellants to personally appear before the Court of Appeals to argue their position. A strict time limit of 10 minutes for misdemeanor appeals and 30 minutes for felony appeals is imposed.
The Opinion: Three Court of Appeal judges review the case before voting, with a majority needed for a decision to be reached. One of them proceeds to write the opinion for the Court or for the majority if the opinion is not unanimous. Occasionally a dissenting judge may write their own opinion if they strongly disagree with their colleagues.
Petition for Rehearing: Appellants and respondents who are not satisfied with the court’s ruling can petition for rehearing within 15 days after the ruling is filed. The party that prevailed does not have to file an answer unless requested to do so by the court.
Petition for Review: Once the Court of Appeal makes a decision on the appeal, either side may apply to the Supreme Court of California for review. The petition for review must be submitted within 10 days after the Court of Appeals files its opinion. The Supreme Court typically reviews cases only when uniformity of decision is needed, an important legal question needs settling, or when the Court of Appeal did not have the necessary jurisdiction or lacked the consensus of judges were sufficiently qualified.
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California Criminal Appeals

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