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MISDEMEANOR APPEAL
BOOKLET
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
January 1, 2009
American LegalNet, Inc.
www.FormsWorkflow.com
_____________________________________________________________________________
Information on Appeal Procedures CR-131-INFO, Page 1 of 8
for Misdemeanors
CR-131-INFO
Information on Appeal Procedures for Misdemeanors
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rules 8.800–8.889
This information sheet tells you about appeals in
misdemeanor cases. It is only meant to give you a
general idea of the appeal process, so it does not cover
everything you may need to know about appeals in
misdemeanor cases. To learn more, you should read
rules 8.800–8.816 and 8.850–8.890 of the California
Rules of Court, which set out the procedures for
misdemeanor appeals. You can get these rules at any
courthouse or county law library or online at
www.courtinfo.ca.gov/rules.
A misdemeanor is a crime that can be punished by jail
time of up to one year, but not by time in state prison.
(See Penal Code sections 17 and 19.2. You can get a
copy of these laws at www.leginfo.ca.gov/calaw.html.) If
you were also charged with or convicted of a felony,
then your case is a felony case, not a misdemeanor case.
An appeal is a request to a higher court to review a
decision made by a lower court. In a misdemeanor
case, the court hearing the appeal is the appellate
division of the superior court and the lower court—
called the “trial court” in this information sheet—is
the superior court.
It is important to understand that an appeal is NOT a
new trial. The appellate division will not consider new
evidence, such as the testimony of new witnesses or new
exhibits. The appellate division’s job is to review a
record of what happened in the trial court and the trial
court’s decision to see if certain kinds of legal errors
were made in the case:
• Prejudicial error: The party that appeals (called the
“appellant”) may ask the appellate division to
determine if an error was made about either the law
or court procedures in the case that caused
substantial harm to the appellant (this is called
“prejudicial error”). Prejudicial error can include
things like errors made by the judge about the law,
errors or misconduct by the lawyers, incorrect
What does this information sheet
cover?
What is a misdemeanor?
1
2
For information about appeal procedures in other
cases, see:
• Information on Appeal Procedures for Infractions
(form CR-141-INFO)
• Information on Appeal Procedures for Limited
Civil Cases (form APP-101-INFO)
You can get these forms at any courthouse or county
law library or online at www.courtinfo.ca.gov/forms.
instructions given to the jury, and misconduct by the
jury that harmed the appellant. When it conducts its
review, the appellate division presumes that the
judgment, order, or other decision being appealed is
correct. It is the responsibility of the appellant to
show the appellate division that an error was made
and that the error was harmful.
• No substantial evidence: The appellant may also ask
the appellate division to determine if there was
substantial evidence supporting the judgment, order,
or other decision being appealed. When it conducts
its review, the appellate division only looks to see if
there was evidence that reasonably supports the
decision. The appellate division generally will not
reconsider the jury’s or trial court’s conclusion about
which side had more or stronger evidence or whether
witnesses were telling the truth or lying.
What is an appeal?
The appellate division generally will not overturn the
judgment, order, or other decision being appealed
unless the record clearly shows that one of these legal
errors was made.
3
4
Do I need a lawyer to appeal?
You do not have to have a lawyer; you are allowed to
represent yourself in an appeal in a misdemeanor case.
But appeals can be complicated, and you will have to
follow the same rules that lawyers have to follow. If you
have any questions about the appeal procedures, you
should talk to a lawyer.
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-131-INFO, Page 2 of 8
for Misdemeanors
CR-131-INFO
Information on Appeal Procedures for Misdemeanors
If you are representing yourself, you must inform the
court if your address, telephone number, or other contact
information changes so that the court can contact you if
needed.
The court is required to appoint a lawyer to represent
you if you are indigent (you cannot afford to pay for a
lawyer) and:
• Your punishment includes going to jail or paying a
fine of more than $500 (including penalty and other
assessments) or
• You are likely to suffer other significant harm as a
result of being convicted.
The court may, but is not required to, appoint a lawyer to
represent you on appeal in other circumstances if you are
indigent. You are automatically considered indigent if
you were represented by the public defender or other
court-appointed lawyer in the trial court. You will also
be considered indigent if you can show that your income
and assets are too low to pay for a lawyer.
If you think you are indigent, you can ask the court to
appoint a lawyer to represent you for your appeal. You
may use Request for Court-Appointed Lawyer in
Misdemeanor Appeal (form CR-133) to ask the court to
appoint a lawyer to represent you on appeal in a
misdemeanor case. You can get form CR-133 at any
courthouse or county law library or online at
www.courtinfo.ca.gov/forms.
If you want a lawyer and you are not indigent or if the
court turns down your request to appoint a lawyer, you
must hire a lawyer at your own expense. You can get
information about finding a lawyer on the California
Courts Online Self-Help Center at www.courtinfo.ca.gov
/selfhelp/lowcost.
Only a party in the trial court case can appeal a decision
in that case. You may not appeal on behalf of a friend, a
spouse, a child, or another relative.
The party that is appealing is called the APPELLANT;
in a misdemeanor case, this is usually the party
convicted of committing the misdemeanor. The other
party is called the RESPONDENT; in a misdemeanor
case, this is usually the government agency that filed the
criminal charges (on court papers, this party is called the
People of the State of California).
How do I get a lawyer to represent me?
No. Generally, you may appeal only the final judgment
—the decision at the end that decides the whole case.
The final judgment includes the punishment that the
court imposed. Other rulings made by the trial court
before final judgment generally cannot be separately
appealed, but can be reviewed only later as part of an
appeal of the final judgment. In a misdemeanor case, the
party convicted of committing a misdemeanor usually
appeals that conviction or the sentence (punishment)
ordered by the trial court. In a misdemeanor case, a party
can also appeal from:
• An order granting or denying a motion to suppress
evidence (Penal Code section 1538.5(j))
• An order made by the trial court after judgment that
affects a substantial right of the appellant (Penal
Code section 1466(2)(B))
You can get a copy of these laws at www.leginfo.ca.gov
/calaw.html.
First, you must file a notice of appeal. The notice of
appeal tells the other party in the case and the trial court
that you are appealing the trial court’s decision. You
may use Notice of Appeal (Misdemeanor) (form
CR-132) to prepare and file a notice of appeal in a
misdemeanor case. You can get form CR-132 at any
courthouse or county law library or online at
www.courtinfo.ca.gov/forms.
Yes. Except in the very limited circumstances listed in
rule 8.853(b), in a misdemeanor case, you must file your
notice of appeal within 30 days after the trial court
makes (“renders”) its final judgment in your case or
issues the order you are appealing. (You can get a copy
Who can appeal?
5
6
7
Can I appeal any decision that the trial
court made?
How do I start my appeal?
8
Is there a deadline for filing my notice
of appeal?
9
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New January 1, 2009 Information on Appeal Procedures CR-131-INFO, Page 3 of 8
for Misdemeanors
CR-131-INFO
Information on Appeal Procedures for Misdemeanors
of rule 8.853 at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.) The date the trial
court makes its judgment is normally the date the trial
court issues its order saying what your punishment is
(sentences you). This deadline for filing the notice of
appeal cannot be extended. If your notice of appeal is
late, the appellate division will not be able to consider
your appeal.
To file the notice of appeal in a misdemeanor case, you
must bring or mail the original notice of appeal to the
clerk of the trial court that made the judgment or issued
the order you are appealing. It is a good idea to bring or
mail an extra copy to the clerk and ask the clerk to stamp
it to show that the original has been filed.
There is no fee for filing the notice of appeal in a
misdemeanor case. You can ask the clerk of that court if
there are any other requirements for filing your notice of
appeal.
After you file your notice of appeal, the clerk will send a
copy of your notice of appeal to the office of the
prosecuting attorney (for example, the district attorney,
county counsel, city attorney, or state Attorney General).
Filing the notice of appeal does NOT automatically
postpone your punishment, such as serving time in jail,
paying fines, or probation conditions.
If you have been sentenced to jail in a misdemeanor
case, you have a right to be released either with or
without bail while your appeal is waiting to be decided,
but you must ask the court to set bail or release you. If
the trial court has not set bail or released you after your
notice of appeal has been filed, you must ask the trial
court to set bail or release you. If the trial court denies
your release or sets the bail amount higher than you
think it should be, you can apply to the appellate
division for release or for lower bail.
Other parts of your punishment, such as fines or
probation conditions, will be postponed (“stayed”), only
if you request a stay and the court grants your request. If
you want a stay, you must first ask the trial court for a
stay. You can also apply to the appellate division for a
stay, but you must show in your application to appellate
division that you first asked the trial court a stay and that
the trial court unjustifiably denied your request. If you
do not get a stay and you do not pay your fine or
complete another part of your punishment by the date
ordered by the court, a warrant may be issued for your
arrest or a civil collections process may be started
against you, which could result in a civil penalty being
added to your fine.
How do I file my notice of appeal?
10
What do I need to do after I file my
appeal?
12
You must tell the trial court whether you want a record
of what was said in the trial court (this is called a record
of the “oral proceedings”) sent to the appellate division
and, if so, what form of that record you want to use. You
may use Notice Regarding Record of Oral Proceedings
(Misdemeanor) (form CR-134) for this notice. (You can
get form CR-134 at any courthouse or county law library
or online at www.courtinfo.ca.gov/forms.) You must file
this notice either:
(1) within 20 days after you file your notice of
appeal, or, if it is later
If I file a notice of appeal, do I still have
to go to jail or complete other parts of
m
y
p
unishment?
11
(2) within 10 days after the court decides whether to
appoint a lawyer to represent you (if you ask the
court to appoint a lawyer within 20 days after
you file your notice of appeal).
In what cases does the appellate
division need a record of what was
said in the trial court?
13
You do not have to send the appellate division a record
of what was said in the trial court. But if you want to
raise any issue in your appeal that would require the
appellate division to consider what was said in the trial
court, the appellate division will need a record of these
oral proceedings. For example, if you are claiming that
there was not substantial evidence supporting the
judgment, order, or other decision you are appealing, the
appellate division will need a record of the oral
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-131-INFO, Page 4 of 8
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Information on Appeal Procedures for Misdemeanors
proceedings. Since the appellate division judges were
not there for the proceedings in the trial court, an official
record of these oral proceedings must be prepared and
sent to the appellate division for its review.
Depending on what form of the record you choose to
use, you will be responsible for paying to have the
official record of the oral proceedings prepared (unless
you are indigent) or for preparing an initial draft of this
record yourself. If you do not take care of these
responsibilities, a record of the oral proceedings in the
trial court will not be prepared and sent to the appellate
division. If the appellate division does not receive this
record, it will not be able to consider what was said in
the trial court in deciding whether a legal error was
made.
There are three ways a record of the oral proceedings in
the trial court can be prepared and provided to the
appellate division in a misdemeanor case:
a. If a court reporter was there during the trial court
proceedings, the reporter can prepare a record
called a “reporter’s transcript.”
b. If the proceedings were officially electronically
recorded, the trial court can have a transcript
prepared from that recording; or if the court has a
local rule permitting this and you and the
respondent (the prosecuting agency) agree
(“stipulate”) to this, you can use the official
electronic recording itself as the record, instead of
a transcript.
c. You can use a statement on appeal.
Read below for more information about these options.
a. Reporter’s transcript
When available: In some misdemeanor cases, a
court reporter is there in the trial court and makes
a record of the oral proceedings. If a court reporter
made a record of your case, you can ask to have
the court reporter prepare a transcript of those oral
proceedings, called a “reporter’s transcript.” You
should check with the trial court to see if a court
reporter made a record of your case before you
choose this option.
Cost: Ordinarily, the appellant must pay for
preparing a reporter’s transcript. The court
reporter will provide the clerk of the trial court
with an estimate of the cost of preparing the
transcript and the clerk will notify you of this
estimate. If you want the reporter to prepare a
transcript, you must deposit this estimated amount
with the clerk within 10 days after the clerk sends
you the estimate.
If, however, you are indigent (you cannot afford to
pay the cost of a reporter’s transcript), you may be
able to get a free transcript. If you were
represented by the public defender or another
court-appointed lawyer in the trial court, you are
automatically considered indigent. If you were not
represented by a court-appointed lawyer in the
trial court, you can complete and file Defendant’s
Financial Statement on Eligibility for Appointment
of Counsel and Reimbursement and Record on
Appeal at Public Expense (form MC-210), to show
that you are indigent. You can get form MC-210 at
any courthouse or county law library or online at
www.courtinfo.ca.gov/forms. The court will
review this form to decide whether you are
indigent.
What are the different forms of the
record?
14
If you are indigent, a court reporter made a
record of your case, and you show that you need
a transcript, the court must provide you with a free
transcript. Whether you need a transcript depends
on the issues you are raising on appeal. If the
issues you are raising on appeal include that there
was not substantial evidence supporting the
judgment, order, or other decision you are
appealing or that there was misconduct in your
case that harmed you, that is generally enough to
show that you need a transcript. If you ask for a
reporter’s transcript, the court may ask you what
issues you are raising on appeal and may decide
that a statement on appeal or a transcript of only
some of the oral proceedings will be a good
enough record to consider the issues you are
raising.
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-131-INFO, Page 5 of 8
for Misdemeanors
CR-131-INFO
Information on Appeal Procedures for Misdemeanors
Completion and delivery: Once you deposit the
estimated cost of the transcript or show the court
you are indigent and need a transcript, the clerk
will notify the reporter to prepare the transcript.
When the reporter completes the transcript, the
clerk will send the reporter’s transcript to the
appellate division.
b. Official electronic recording or transcript
from an official recording
When available: In some misdemeanor cases, the
trial court proceedings are officially recorded on
approved electronic recording equipment. If your
case was officially recorded, you can ask to have a
transcript prepared from that official electronic
recording. You should check with the trial court to
see if your case was officially electronically
recorded before you choose this option.
If the court has a local rule for the appellate
division permitting this and all the parties agree
(“stipulate”), a copy of the official electronic
recording itself can be used as the record of the
oral proceedings instead of preparing a transcript.
You should check with the trial court to see if your
case was officially electronically recorded and
check to make sure there is a local rule permitting
the use of the recording itself before choosing this
option. If you choose this option, you must attach
a copy of your agreement with the other parties
(called a “stipulation”) to your notice regarding
the oral proceedings.
Cost: Ordinarily, the appellant must pay for
preparing a transcript or making a copy of the
official electronic recording. If, however, you are
indigent (you cannot afford to pay the cost of the
transcript or recording), you may be able to get a
free transcript or recording. If you were
represented by the public defender or another
court-appointed attorney in the trial court, you are
automatically considered indigent. If you were not
represented by a court-appointed lawyer in the
trial court, you can complete and file Defendant’s
Financial Statement on Eligibility for Appointment
of Counsel and Reimbursement and Record on
Appeal at Public Expense (form MC-210) to show
that you are indigent. You can get form MC-210 at
any courthouse or county law library or online at
www.courtinfo.ca.gov/forms. The court will
review this form to decide whether you are
indigent.
If you are indigent, an official electronic recording
of your case was made, and you show that you
need a transcript, the court must provide you with
a free transcript. Whether you need a transcript
depends on the issues you are raising on appeal. If
the issues you are raising on appeal include that
there was not substantial evidence supporting the
judgment, order, or other decision you are
appealing or that there was misconduct in your
case that harmed you, that is generally enough to
show that you need a transcript. If you ask for a
transcript, the court may ask you what issues you
are raising on appeal and may decide that a
statement on appeal or a transcript of only some of
the oral proceedings will be a good enough record
to consider the issues you are raising.
Completion and delivery: Once you deposit the
estimated cost of the transcript or the official
electronic recording with the clerk or show the
court you are indigent and need a transcript, the
clerk will have the transcript or copy of the
recording prepared. When the transcript is
completed or the copy of the official electronic
recording is prepared, the clerk will send the
transcript or recording to the appellate division.
c. Statement on appeal
Description: A statement on appeal is a summary
of the trial court proceedings approved by the trial
court judge who conducted those proceedings (the
term “judge” includes commissioners and
temporary judges).
When available: If the trial court proceedings
were not recorded either by a court reporter or by
official electronic recording equipment, or if you
do not want to use either of these forms of the
record, you can choose (“elect”) to use a statement
on appeal as the record of the oral proceedings in
the trial court (please note that it may take more of
your time to prepare a statement on appeal than to
use either a reporter’s transcript or electronic
recording, if they are available).
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-131-INFO, Page 6 of 8
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Information on Appeal Procedures for Misdemeanors
Contents: A statement on appeal must include a
summary of the oral proceedings that the appellant
believes necessary for the appeal and a summary
of the trial court’s decision. It must also include a
statement of the points the appellant is raising on
appeal. (See rule 8.869 of the California Rules of
Court for more information about what must be
included in a statement on appeal and the
procedures for preparing a statement. You can get
this rule at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.)
Preparing a proposed statement: If you choose to
use a statement on appeal, you must prepare a
proposed statement. If you are not represented by
a lawyer, you must use Proposed Statement on
Appeal (Misdemeanor) (form CR-135) to prepare
your proposed statement. You can get form
CR-135 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
Serving and filing a proposed statement: You
must serve and file your proposed statement in the
trial court within 20 days after you file your notice
regarding the record of the oral proceedings.
“Serve and file” means that you must:
• Have somebody over 18 years old who is not a
party to the case—so not you—mail or deliver
(“serve”) a copy of the proposed statement to
the prosecuting attorney and any other party in
the way required by law.
• Make a record that the proposed statement has
been served. This record is called a “proof of
service.” Proof of Service (Appellate Division)
(form APP-109) can be used to make this
record. The proof of service must show who
served the proposed statement, who was
served with the proposed statement, how the
proposed statement was served (by mail or in
person), and the date the proposed statement
was served.
• File the original proposed statement and the
proof of service with the trial court. You
should make a copy of the proposed statement
you are planning to file for your own records
before you file it with the court. It is a good
idea to bring or mail an extra copy of the
proposed statement to the clerk when you file
your original and ask the clerk to stamp this
copy to show that the original has been filed.
You can get more information about how to serve
court papers and proof of service from What Is
Proof of Service? (form APP-109-INFO) and on
the California Courts Online Self-Help Center at
www.courtinfo.ca.gov/selfhelp/lowcost/getready
.htm#serving.
Review and modifications: The prosecuting
attorney and any other party have 10 days from the
date you serve your proposed statement to serve
and file proposed changes (called “amendments”)
to this statement. The trial court judge then
reviews both your proposed statement and any
proposed amendments and makes any corrections
or modifications to the statement needed to make
sure that the statement provides a complete and
accurate summary of the trial court proceedings.
Completion and certification: If the judge makes
any corrections or modifications to the proposed
statement, the corrected or modified statement will
be sent to you, the prosecuting attorney, and any
other party for your review. If you disagree with
anything in the judge’s statement, you will have
10 days from the date the statement is sent you to
serve and file objections to the statement. The
judge then reviews any objections, makes any
additional corrections to the statement, and
certifies the statement as a complete and accurate
summary of the trial court proceedings.
Sending the statement to appellate division: Once
the trial court judge certifies the statement on
appeal, the trial court clerk will send the statement
to the appellate division along with the clerk’s
transcript.
Is there any other part of the record
that needs to be sent to the appellate
division?
15
Yes. There are two other parts of the official record that
need to be sent to the appellate division:
• Documents filed in the trial court: The trial court
clerk is responsible for preparing a record of the
_____________________________________________________________________________
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Information on Appeal Procedures for Misdemeanors
written documents filed in your case, called a
“clerk’s transcript,” and sending this to the appellate
division. (The documents the clerk must include in
this transcript are listed in rule 8.861 of the
California Rules of Court. You can get a copy of this
rule at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.)
• Exhibits submitted during trial: Exhibits, such as
photographs, that were admitted in evidence,
refused, or lodged (temporarily placed with the
court) in the trial court are considered part of the
record on appeal. If you want the appellate division
to consider such an exhibit, however, you must ask
the trial court clerk to send the original exhibit to the
appellate division within 10 days after the last
respondent’s brief is filed in the appellate division.
(See rule 8.870 of the California Rules of Court for
more information about this procedure. You can get
a copy of this rule at any courthouse or county law
library or online at www.courtinfo.ca.gov/rules.)
Sometimes, the trial court returns an exhibit to a
party at the end of the trial. If the trial court returned
an exhibit to you or another party and you or the
other party ask for the exhibit to be sent to the
appellate division, the party who has the exhibit
must deliver that exhibit to the appellate division as
soon as possible.
As soon as the record of the oral proceeding is ready, the
clerk of the trial court will send it to the appellate
division along with the clerk’s transcript. When the
appellate division receives this record, it will send you a
notice telling you when you must file your brief in the
appellate division.
A brief is a party’s written description of the facts in the
case, the law that applies, and the party’s argument about
the issues being appealed. If you are represented by a
lawyer in your appeal, your lawyer will prepare your
brief. If you are not represented by a lawyer in your
appeal, you will have to prepare your brief yourself. You
should read rules 8.880–8.891 of the California Rules of
Court, which set out the requirements for preparing,
serving, and filing briefs in misdemeanor appeals,
including requirements for the format and length of
those briefs. You can get copies of these rules at any
courthouse or county law library or online at
www.courtinfo.ca.gov/rules.
Contents: If you are the appellant (the party who is
appealing), your brief, called the “appellant’s opening
brief,” must clearly explain what you believe are the
legal errors made in the trial court. Your brief must refer
to the exact places in the clerk’s transcript and the
reporter’s transcript (or other record of the oral
proceedings) that support your argument. Remember
that an appeal is not a new trial. The appellate division
will not consider new evidence, such as the testimony of
new witnesses or new exhibits, so do not include any
new evidence in your brief.
Serving and filing: You must serve and file your brief in
the appellate division by the deadline the court set in the
notice it sent you, which is usually 30 days after the
record is filed in the appellate division. “Serve and file”
means that you must:
• Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the brief to the respondent (the prosecuting agency)
and any other party in the way required by law.
• Make a record that the brief has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) can be used to
make this record. The proof of service must show
who served the brief, who was served with the brief,
how the brief was served (by mail or in person), and
the date the brief was served.
What happens after the record is
prepared?
16
• File the original brief and the proof of service with
the appellate division. You should make a copy of
the brief you are planning to file for your own
records before you file it with the court. It is a good
idea to bring or mail an extra copy of the brief to the
clerk when you file your original and ask the clerk to
stamp this copy to show that the original has been
filed.
You can get more information about how to serve court
papers and proof of service from What Is Proof of
Service? (form APP-109-INFO) and at www.courtinfo
.ca.gov/selfhelp/lowcost/getready.htm#serving.
What is a brief?
17
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Information on Appeal Procedures for Misdemeanors
If you do not file your brief by the deadline set by the
appellate division, the court may dismiss your appeal.
After the oral argument is held (or the date it was
scheduled passes if all the parties waive oral argument),
the judges of the appellate division will make a decision
about your appeal. The appellate division has 90 days
after the date scheduled for oral argument to decide the
appeal. The clerk of the court will mail you a notice of
that decision.
Within 30 days after you serve and file your brief, the
respondent (the prosecuting agency) may, but is not
required to, respond by serving and filing a respondent’s
brief. If the respondent does not file a brief, the appellant
does not automatically win the appeal. The court will
decide the appeal on the record, the appellant’s brief, and
any oral argument by the appellant.
If the respondent serves and files a brief, within 20 days
after the respondent’s brief was served, you may, but are
not required to, serve and file another brief replying to
the respondent’s brief. This is called a “reply brief.”
If you decide you do not want to continue with your
appeal, you must file a written document with the
appellate division notifying it that you are giving up (this
is called “abandoning”) your appeal. You can use
Abandonment of Appeal (Misdemeanor) (form CR-137)
to file this notice in a misdemeanor case. You can get
form CR-137 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
Once all the briefs have been served and filed or the time
to serve and file them has passed, the court will notify
you of the date for oral argument in your case.
If you decide not to continue your appeal and it is
dismissed, you will (with only very rare exceptions)
permanently give up the chance to raise any objections
to your conviction, sentence, or other matter that you
could have raised on the appeal. If you were released
from custody with or without bail or your sentence or
any probation conditions were stayed during the appeal,
you may be required to start serving your sentence or
complying with your probation conditions immediately
after your appeal is dismissed.
What happens after I file my brief?
What happens after all the briefs have
been filed?
What should I do if I want to give up my
appeal?
18
19
What is oral ar
g
ument?
What happens after oral argument?
21
22
20
“Oral argument” is the parties’ chance to explain their
arguments to the appellate division judges in person.
You do not have to participate in oral argument if you do
not want to; you can notify the appellate division that
you want to “waive” oral argument. If all parties waive
oral argument, the judges will decide your appeal based
on the briefs and the record that were submitted. But if
one party waives oral argument and another party or
parties does not, the appellate division will hold oral
argument with the party or parties who did not waive it.
If you choose to participate in oral argument, you will
have up to 10 minutes for your argument, unless the
court orders otherwise. Remember that the judges will
already have read the briefs, so you do not need to read
your brief to the judges. It is more helpful to tell the
judges what you think is most important in your appeal
or ask the judges if they have any questions you could
answer.
American LegalNet, Inc.
www.FormsWorkflow.com
Notice of Appeal
(Misdemeanor)
CR-132, Page 1 of 2
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rules 8.852 and 8.853
Take or mail the completed form to the clerk’s office for the same trial court
that issued the judgment or order you are appealing. It is a good idea to take
or mail an extra copy to the clerk and ask the clerk to stamp it to show that
the original has been filed.
CR-132
Notice of Appeal
(Misdemeanor)
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and responsibilities.
You can get form CR-131-INFO at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
This form is only for appealing in a misdemeanor case. You can get other
forms for appealing in a civil or infraction case at any courthouse or county
law library or online at www.courtinfo.ca.gov/forms.
You must file this form no later than 30 days after the trial court issued
the judgment or order you are appealing (see rule 8.853(b) of the
California Rules of Court for very limited exceptions). If your notice of
appeal is late, the court will not take your appeal.
•
•
•
Your Information
1
(1) was the appellant’s lawyer in the trial court.
is the appellant’s lawyer for this appeal.(2)
Fill out this form and make a copy of the completed form for your records.
•
•
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
The clerk will fill in the number below:
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant is filling out this form):
b.
The lawyer filling out this form (check (1) or (2)):
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Name:
To keep other people from
seeing what you entered on your
form, please press the Clear
This Form button at the end of
the form when finished.
New January 1, 2009
CR-132, Page 2 of 2
Notice of Appeal
(Misdemeanor)
Trial Court Case Name:
Trial Court Case Number:
2
Judgment or Order You Are Appealing
the final judgment of conviction in this case (Penal Code section 1466(2)(A)).
I am/My client is appealing (check one):
The trial court issued (rendered) this judgment on (fill in the date):
an order that denied a motion to suppress evidence in this case (Penal Code section 1538.5(j)).
The trial court issued this order on (fill in the date):
an order made after judgment in this case that affects an important right of mine/my client (for example, an
order after a probation violation) (Penal Code section 1466(2)(B)).
other action (describe the action you are appealing and give the date the trial court took the action):
The trial court issued this order on (fill in the date):
a.
b.
c.
d.
I have not attached a Notice Regarding Record of Oral Proceedings (Misdemeanor) (form CR-134). I
understand that I must file this notice in the trial court within either: (1) 20 days after I file this notice of
appeal; or, if it is later, (2)10 days after the court decides whether to appoint a lawyer for me (if I file a request
for a court-appointed lawyer within 20 days after I file my notice of appeal). I also understand that if I do not
file the notice on time, the court will not be able to consider what was said in the trial court in deciding
whether an error was made in the trial court proceedings.
Record of the Oral Proceedings
(Check a or b):
I have attached a completed Notice Regarding Record of Oral Proceedings (Misdemeanor) (form CR-134).
3
a.
b.
REMINDER—Except in the very limited circumstances listed in rule 8.853(b), you must file
this form no later than 30 days after the trial court issued the judgment or order you are
appealing in your case. If your notice of appeal is late, the court will not take your appeal.
Type or print your name
Signature of appellant or attorney
`
Date:
Court-Appointed Lawyer
4
I/My client
(See form CR-131-INFO for information about the record of the oral proceedings.)
represented by the public defender or another court-appointed
was
was not
lawyer in the trial court.
a.
asking the court to appoint a lawyer to represent me/my client in this appeal. I have completed Request for
Court-Appointed Lawyer in Misdemeanor Appeal (form CR-133), and attached it to this notice of appeal.
not asking the court to appoint a lawyer to represent me/my client in this appeal.
I am/My client is (check (1) or (2)):
(1)
(2)
b.
Print This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
CR-133, Page 1 of 2
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.851
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and
responsibilities. You can get form CR-131-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
This form is only for requesting that the court appoint a lawyer to represent a
person who is appealing in a misdemeanor case.
This form can be filed at the same time as your notice of appeal.
Fill out this form and make a copy of the completed form for your records.
Take or mail the completed form to the clerk’s office for the same court that
issued the judgment or order you are appealing. It is a good idea to take or
mail an extra copy to the clerk and ask the clerk to stamp it to show that the
original has been filed.
•
•
•
•
•
Request for Court-Appointed Lawyer in
Misdemeanor Appeal
CR-133
Request for Court-Appointed
Lawyer in Misdemeanor Appeal
The court is required to appoint a lawyer to represent you on appeal only if
you cannot afford to hire a lawyer and
your punishment includes going to jail or paying a fine of more than
$500 (including penalty and other assessments), or
you are likely to suffer other significant harm as a result of being
convicted.
°
•
°
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Name:
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer in the trial court (skip this if the appellant is filling out this form):
b.
To keep other people from
seeing what you entered on your
form, please press the Clear This
Form button at the end of the
form when finished.
2
3
Were you/was your client represented by the public defender or another court-appointed lawyer in the trial court?
(Check a or b.)
No (Complete and attach Defendant’s Financial Statement on Eligibility for Appointment of Counsel and
Reimbursement and Record on Appeal at Public Expense (form MC-210) showing that you/your client
cannot afford to hire a lawyer. You can get form MC-210 at any courthouse or county law library or online
at www.courtinfo.ca.gov/forms.)
4
Describe any significant harm that you are/your client is likely to suffer because of this conviction:
Type or print your name
Signature of appellant or attorney
`
a.
b.
c.
d.
e.
Jail time
A fine (including penalty and other assessments) (fill in the amount of the fine): $
Restitution (fill in the amount of the restitution): $
Probation (fill in the amount of time on probation):
Other punishment (describe any other punishment that the trial court gave you/your client in this case):
Describe the punishment the trial court gave you/your client in this case (check all that apply and fill in any
required information):
CR-133, Page 2 of 2
New January 1, 2009
Request for Court-Appointed Lawyer in
Misdemeanor Appeal
Information About Your Case
Date:
Yes
a.
b.
Trial Court Case Name:
Trial Court Case Number:
Print This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
Take or mail the completed form to the clerk’s office for the same trial
court where you filed your notice of appeal. It is a good idea to take or mail
an extra copy to the clerk and ask the clerk to stamp it to show that the
original has been filed.
CR-134, Page 1 of 4
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rules 8.864–8.867
CR-134
Notice Regarding Record of Oral
Proceedings (Misdemeanor)
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and
responsibilities. You can get form CR-131 INFO at any courthouse or county
law library or online at www.courtinfo.ca.gov/forms.
Fill out this form and make a copy of the completed form for your records.
This form can be filed with your notice of appeal. If it is not filed with
your notice of appeal, this form must be filed within either:
This form is only for giving the court notice about the record of the oral
proceedings in an appeal of a misdemeanor case.
•
•
•
•
•
Notice Regarding Record of Oral Proceedings
(Misdemeanor)
(1) 20 days after you file your notice of appeal, or, if it is later
(2) 10 days after the court decides whether to grant your request for a
court-appointed lawyer (if you file a request within 20 days after you
file your notice of appeal).
If you do not file this form on time, the court will not be able to
consider what was said in the trial court in deciding whether a legal
error was made in the trial court proceedings.
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Name:
(1)
was the appellant’s lawyer in the trial
court.
is the appellant’s lawyer for this appeal.(2)
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant is filling out this form):
b.
The lawyer filling out this form (check (1) or (2)):
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
You do not have to provide the appellate division with a record of what was said in the trial court (this is called a
record of the “oral proceedings”). But if you do not, the appellate division will not be able to consider what was said
during those proceedings in deciding whether a legal error was made in the trial court proceedings.
WITH a record of the oral proceedings in the trial court (complete item below). I understand that if I
elect (choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record
I want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appellate division does not
receive this record, I am not likely to succeed in my appeal.
WITHOUT a record of the oral proceedings in the trial court (skip item ; sign and date this form). I
understand that if I proceed without a record of the oral proceedings, the appellate division will not be able
to consider what was said during those proceedings in deciding whether a legal error was made.
2
New January 1, 2009
On (fill in the date):
in the box on page 1 of this form.
3
Your Choices (Election) about the Record of the Oral Proceedings
CR-134, Page 2 of 4
I elect (choose)/My client elects to proceed (check a or b):
I will pay the trial court clerk’s office for this transcript myself when I receive the court reporter's
estimate of the costs of this transcript. I understand that if I do not pay for this transcript, it will
not be prepared and provided to the appellate division.
I am asking that this transcript be prepared at no cost to me because I cannot afford to pay this cost.
I was represented by the public defender or another court-appointed lawyer at my trial.
I was not represented by the public defender or another court-appointed lawyer at my trial,
but I have completed and attached Defendant’s Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form MC-210). (You can get form MC-210 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms. The court will review this form to decide if you are
eligible for a free reporter’s transcript.)
I want to use the following record of what was said in the trial court proceedings in my case (check and complete
only one—a, b, c, or d):
Reporter’s Transcript. This option is available only if there was a court reporter in the trial court
who made a record of what was said in court. Check with the trial court to see if there was a court
reporter in your case before choosing this option. (Check and complete (1) or (2)):
Notice Regarding Record of Oral Proceedings
(Misdemeanor)
4
4
Information About Your Appeal
OR
(1)
(2)
a.
(b)
I/my client filed a notice of appeal in the trial court case identified
b.
a.
(a)
Trial Court Case Name:
Trial Court Case Number:
(Write initials here):
(Write initials here):
4
New January 1, 2009
CR-134, Page 3 of 4
Copy of Official Electronic Recording. This option is available only if an official electronic recording
was made of what was said in the trial court, the court has a local rule for the appellate division permitting
the use of the official electronic recording itself as the record of the proceedings, and you and the
respondent (the prosecuting agency) have agreed (stipulated) that you want to use the official electronic
recording itself as the record of what was said in your case. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. You must attach a copy of the
agreement (stipulation) between you and the respondent to this notice. (Check and complete (1) or (2)).
I will pay the trial court clerk’s office for this official electronic recording myself. I understand
that if I do not pay for this recording, it will not be prepared and provided to the appellate division.
I am asking that this official electronic recording be provided at no cost to me because I
cannot afford to pay this cost.
I was not represented by the public defender or another court-appointed lawyer at my trial,
but I have completed and attached Defendant’s Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form MC-210). (You can get form MC-210 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms. The court will review this form to decide whether
you are eligible for a free copy of the official electronic recording.)
I was represented by the public defender or another court-appointed lawyer at my trial.
(2) I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost.
I was not represented by the public defender or another court-appointed lawyer at my trial,
but I have completed and attached Defendant's Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form MC-210). (You can get form MC-210 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms. The court will review this form to decide whether
you are eligible for a free transcript.)
I was represented by the public defender or another court-appointed lawyer at trial.
Notice Regarding Record of Oral Proceedings
(Misdemeanor)
OR
c.
OR
(1) I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for
this transcript, it will not be prepared and provided to the appellate division.
(a)
(b)
(a)
(b)
(1)
(2)
Trial Court Case Name:
Trial Court Case Number:
b. Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. (Check and complete (1) or (2)):
4
(continued)
Trial Court Case Name:
Trial Court Case Number:
New January 1, 2009
CR-134, Page 4 of 4
Notice Regarding Record of Oral Proceedings
(Misdemeanor)
I have attached my proposed statement on appeal. (If you are not represented by a lawyer in this
appeal, you must use Proposed Statement on Appeal (Misdemeanor) (form CR-135) to prepare and
file this proposed statement. You can get form CR-135 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.)
I have NOT attached my proposed statement on appeal. I understand that I must file this proposed
statement in the trial court within 20 days of the date I file this notice and that if I do not file the
proposed statement on time, the court may dismiss my appeal.
Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-131-INFO for information about preparing a proposed statement. (Check and
complete (1) or (2)):
(2)
(1)
d.
Type or print your name
Signature of appellant or attorney
`
Date:
4
(continued)
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
Proposed Statement on Appeal
(Misdemeanor)
CR-135, Page 1 of 7
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.869
CR-135
Proposed Statement on Appeal
(Misdemeanor)
• Take or mail the original completed form and proof of service on the other
parties to the clerk’s office for the same court that issued the judgment or
order you are appealing. It is a good idea to take or mail an extra copy to the
clerk and ask the clerk to stamp it to show that the original has been filed.
• Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
Instructions
• Before you fill out this form, read Information on Appeal Procedures
for Misdemeanors (form CR-131-INFO) to know your rights and
responsibilities. You can get form CR-131-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
• This form is only for preparing a proposed statement on appeal in a
misdemeanor.
• This form can be attached to your Notice Regarding Record of Oral
Proceedings (Misdemeanor) (form CR-134). If it is not attached to that
notice, this form must be filed no later than 20 days after you file that
notice. If you have chosen to prepare a statement on appeal and do not
file this form on time, the court may dismiss your appeal.
Serve a copy of the completed form on each of the other parties and keep
proof of this service. You can get information about how to serve court
papers and proof of service from What Is Proof of Service? (form APP-109-
INFO) and on the California Courts Online Self-Help Center at
www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving.
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Name:
(1)
was the appellant’s lawyer in the trial
court.
is the appellant’s lawyer for this appeal.
(2)
Fax (optional):
E-mail (optional):
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant is filling out this form):
b.
The lawyer filling out this form (check (1) or (2)):
•
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
No (skip to ).
4
3
2
New January 1, 2009
, I/my client filed a Notice Regarding Record of Oral Proceedings,
The Charges Against Me/My Client
The charges against me/my client were (list all of the charges indicated on the complaint or citation filed with
the court by the prosecutor):
a.
I/My client (
check (1), (2), or (3)):
b.
pleaded guilty to only the following charges:
pleaded guilty to all of these charges.
Proposed Statement
CR-135, Page 2 of 7
Proposed Statement on Appeal
(Misdemeanor)
On (fill in the date):
, I/my client filed a notice of appeal in the trial court case identified in the
(1)
(2)
Information About Your Appeal
pleaded not guilty to all the charges.
(3)
Describe the first motion:
5
Summary of Any Motions
In the spaces below, please describe any motions (requests for orders) that were made in the trial court.
Write a complete and accurate summary of what was said at any hearings on these motions and indicate
how the trial court ruled on these motions.
Were any motions (requests for the trial court to issue an order) filed in this case?
a.
(1)
If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing:
a hearing on this motion.
On (fill in the date):
b.
Yes (fill out b)
6
The motion was filed by the
prosecutor. defendant.
Trial Court Case Name:
Trial Court Case Number:
box on page 1 of this form.
choosing to use a statement on appeal as the record of what was said in this case.
There
was
was not
New January 1, 2009
CR-135, Page 3 of 7
Proposed Statement on Appeal
(Misdemeanor)
Describe the second motion:
(2)
Other (describe any other action the trial court took concerning this motion):
If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:
The trial court
Check here if any other motions were filed, and attach a separate page or pages describing each motion,
identifying who made the motion and whether there was a hearing on the motion, summarizing what was said
at the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of
each page, write “CR-135, item 5b(3).”
Other (describe any other action the trial court took concerning this motion):
Trial Court Case Name:
Trial Court Case Number:
granted this motion.
did not grant this motion.
Check here if you need more space to describe this motion and attach a separate page or pages
describing it. At the top of each page, write “CR-135, item 5b(1).”
Check here if you need more space to describe this motion and attach a separate page or pages
describing it. At the top of each page, write “CR-135, item 5b(2).”
5
b. (continued)
a hearing on this motion.
There
was
was not
The motion was filed by the
prosecutor.
defendant.
The trial court
granted this motion.
did not grant this motion.
Did an officer from the police department, sheriff’s office, or other government agency that charged you/your
client testify at the trial? (check one):
(1) The name of the officer who testified is (fill in the officer’s name):
No
Yes (complete (1) and (2)):
(2) This officer testified that (write a complete and accurate summary of the officer’s testimony. Include
only what the officer actually said; do not comment on or give your opinion about what the officer said):
New January 1, 2009
CR-135, Page 4 of 7
Proposed Statement on Appeal
(Misdemeanor)
Yes
Were there any other witnesses at the trial?
No
(1) The witness’s name is (fill in the witness’s name):
(2) This witness
(3) This witness testified on behalf of
(fill out (1)–(4)):
Trial Court Case Name:
Trial Court Case Number:
me/my client.
the prosecution.
was was not
an officer from the police department, sheriff’s office, or
other government agency that charged me/my client.
Check here if you need more space to summarize the officer’s testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-135, item 6c.”
Yes (write a complete and accurate summary of the testimony you/your client gave. Include only what
you actually said; do not comment on or give your opinion about what you said):
b. Did you/your client testify at the trial?
No
Check here if you need more space to summarize your/your client’s testimony and attach a separate
page or pages summarizing this testimony. At the top of each page, write “CR-135, item 6b.”
(check (1) or (2) and complete items b, c, and d)
(skip items b, c, and d and go to item )
7
Summary of Testimony
6
Yes
Was there a trial in your case?
No
a.
Jury trial
Trial by judge only
c.
d.
(1)
(2)
New January 1, 2009
7
I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your
client was found not guilty):
The Trial Court's Findings
The Sentence
CR-135, Page 5 of 7
Proposed Statement on Appeal
(Misdemeanor)
I/My client was found guilty of the following offenses (list all of the offenses for which you were/your
client was found guilty):
a.
b.
c.
Jail time (fill in the amount of time you are/your client is required to spend in jail):
A fine (including penalty and other assessments) (fill in the amount of the fine): $
Restitution (fill in the amount of the restitution): $
The trial court ordered the following punishment for me/my client in this case (check all that apply and fill in any
required information):
8
a.
b.
e.
Other punishment (describe any other punishment that the trial court imposed in this case):
d.
Probation (fill in the amount of time you are/your client is required to be on probation):
Trial Court Case Name:
Trial Court Case Number:
Check here if any other witnesses testified at the trial. Attach a separate page or pages identifying each witness,
whether the witness testified on your/your client’s behalf or the prosecution’s behalf, and summarizing what that
witness said in his or her testimony. At the top of each page, write “CR-135, item 6e”
(4) This witness testified that (write a complete and accurate summary of the witness’s testimony. Include
only what the witness actually said; do not comment on or give your opinion about what the witness said):
Check here if you need more space to summarize this witness's testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-135, item 6d.”
6
d. (continued)
New January 1, 2009
9
Reasons for Your Appeal
There was not substantial evidence that supported the judgment, order, or other decision I am/my client is
appealing in this case. (Explain why you think the judgment, order, or other decision was not supported by
substantial evidence):
The following error or errors about either the law or court procedure was/were made that caused substantial
harm to me/my client. (Describe each error and how you were/your client was harmed by that error):
(1)
CR-135, Page 6 of 7
Proposed Statement on Appeal
(Misdemeanor)
a.
b.
Describe the error:
Describe how this error harmed you/your client:
Trial Court Case Name:
Trial Court Case Number:
(Check all that apply and describe in detail the legal error or errors you believe were made that are the reason for
this appeal.)
The appellate division:
• Cannot retry your case or take new evidence
• Cannot consider whether witnesses were telling the truth or lying
• Cannot consider whether there was more or stronger evidence supporting your position than there was
supporting the trial court’s decision
Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors
were made in the trial court proceedings (read form CR–131-INFO to learn about these legal errors):
• There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing
• A “prejudicial error” was made during the trial court proceedings.
New January 1, 2009
(3)
CR-135, Page 7 of 7
Proposed Statement on Appeal
(Misdemeanor)
REMINDER: You must serve and file this form no later than 20 days after you file your notice
regarding the oral proceedings. If you do not file this form on time, the court may dismiss
your appeal.
Date:
X
Signature of appellant or attorney
Type or print name
Describe the error:
Describe how this error harmed you/your client:
Check he
re if you need more space to describe these or other errors, and attach a separate page or pages
describing the errors. At the top of each page, write “CR-135, item 9.”
(2)
Describe the error:
Describe how this error harmed you/your client:
Trial Court Case Name:
Trial Court Case Number:
9
b. (continued)
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
Abandonment of Appeal
(Misdemeanor)
CR-137, Page 1 of 2
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.855
CR-137
Abandonment of Appeal
(Misdemeanor)
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and responsibilities.
You can get form CR-131-INFO at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
•
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Fill out this form and make a copy of the completed form for your records.
Take or mail the completed form to the appellate division clerk’s office. It
is a good idea to take or mail an extra copy to the clerk and ask the clerk to
stamp it to show that the original has been filed.
•
•
This form is only for abandoning (giving up) an appeal in a misdemeanor
case.
•
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who filed this appeal):
a.
Fax (optional):
E-mail (optional):
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal):
b.
Name:
State Bar number:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
New January 1, 2009
CR-137, Page 2 of 2
Abandonment of Appeal
(Misdemeanor)
3
By signing and filing this form, I abandon/my client abandons that appeal.
Date:
Signature of appellant or attorney
Type or print your name
`
Appellate Division Case Name:
Appellate Division Case Number:
2
On (fill in the date):
in the box on page 1 of this form.
I/my client filed a notice of appeal in the trial court case identified
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
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MISDEMEANOR APPEAL BOOKLET (The Superior Court of California - County of Orange)

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Completed 4 January 2021

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