Skip to main content

Making a Criminal Appeal in California

Posted by attorney Robert Corrado

Ther question that I seemed to be asked most ofteen about criminal appeals in California is what are the requirements. And I find that most people who ask this question have pled guilty. Sectionn 1237.5 of the Penal Code just flatly disallows appeals from a plea of guilty.

There is an exception when the court issues a Certificate of Probable Cause but these are exceedingly rare. Obtaining a Certificate of Probable Cause is like asking the judge to invite an apppeal on one of hid rulings. Not going to normally happen. There are some brand new cases that say that a defenddnat is entitled to a competant attorney during the plea bargaining process. But the competance or incompetance of a defendant's attorney is best addressed in a motion to set aside a plea of guilty rather than an apppeal.

Lastly, a Notice of Appeal must be filed in the trial court (not he Court of Apppeal) within 60 days of the end of the case (normaqlly sentencing date).

As far as the issues to be raised on apppeaL, these are matters to be discussed with you appelate attorney.

Author of this guide:

Was this guide helpful?