Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 6.19 C. Procedure

 
Skip to § 6.

For more text, click "Next Page>"

The pertinent portions of the court file are compiled into a clerk’s transcript on appeal, and a reporter’s transcript or settled statement (in some misdemeanor cases) is prepared of the oral proceedings in the trial court.  Counsel reviews the transcripts, researches all arguable issues, and files an appellant’s opening brief arguing to the appellate court why the conviction should be reversed or other relief should be granted.  The prosecution files a respondent’s brief, and appellant files appellant’s reply brief.  The court sets the case for oral argument, and issues its decision.  The decision may affirm the conviction, in whole or in part, or reverse the conviction and remand the case to the trial court for further proceedings.[114]


[114] See generally California Continuing Education Of The Bar, Appeals and Writs in Criminal Cases (2d ed. 2008); C.E.B., California Criminal Law: Procedure and Practice  (2008), Chap. 41 (misdemeanor appeals), Chap. 42 (felony appeals); J. Smith, M. Snedeker, S. Fama, The California State Prisoner's Handbook 422 ff. (2d ed. 1990).

Updates

 

Lower Courts of Ninth Circuit

CAL POST CON " VEHICLES " DIRECT APPEAL " FILING LATE NOTICE OF APPEAL IS TREATED AS A PETITION FOR HABEAS CORPUS
People v. Rivera, ___ Cal.App.4th ___, 2014 WL 2965946 (1st Dist. July 2, 2014) (defendant's motion for leave to file a late notice of appeal from a postjudgment restitution order is treated as a petition for writ of habeas corpus and granted, where the failure of defendant's trial counsel to file a timely notice of appeal amounts to the ineffective assistance of counsel prohibited by the Sixth Amendment and defendant has established a clear lapse of counsel's professional duty).

Other

CAL POST CON " VEHICLES " APPEAL " REQUIREMENT OF CERTIFICATE OF PROBABLE CAUSE TO APPEAL DOES NOT APPLY TO APPEAL FROM ENHANCEMENT
People v. Maultsby, 53 Cal.4th 296, 265 (Jan. 5, 2012) (Penal Code 1237.5, requiring a defendant who pleads guilty or nolo contendere to obtain a certificate of probable cause to appeal before appealing a his felony conviction, does not apply where the defendant was convicted by jury of the criminal offense, but admitted a prior conviction sentence enhancement, and appealed only his admission of the prior conviction, because 1237.5 makes no mention of admissions of prior conviction allegations or other sentence enhancement allegations.); disapproving People v. Fulton (2009) 179 Cal.App.4th 1230, 1237, 102 Cal.Rptr.3d 229 ([Penal Code] section 1237.5 applies to an enhancement allegation to which a defendant has entered a plea.).

 

TRANSLATE