Criminal Appeals in California

Introduction to Criminal Appeals in California

In California, a criminal conviction is not necessarily the end of the road. If you believe a legal error affected your trial’s outcome, you may have the right to file a criminal appeal. This process enables a higher court to review the trial record and determine whether justice was served. An experienced criminal appeal lawyer in California can make all the difference, guiding you through this complex legal terrain with precision and care.

Unlike a trial, which determines guilt or innocence, an appeal evaluates whether the law was correctly applied. This shift requires deep legal acumen and knowledge of both procedural and substantive law.

Why Choose a Criminal Appeal Lawyer in California?

Hiring a trial attorney is not the same as hiring an appellate specialist. A criminal appeal lawyer in California brings a different set of skills—critical legal writing, deep knowledge of appellate case law, and strategic argumentation before appellate judges.

Appellate lawyers at Power Trial Lawyer work tirelessly to ensure that every detail of your trial is scrutinized and every error is presented effectively. Their experience in both Los Angeles and Orange County appellate courts offers clients a significant advantage.

Eligibility for a Criminal Appeal

In California, not all cases qualify for appeal. Typically, you can appeal:

• Felony and misdemeanor convictions
• Sentencing errors
• Denials of motions (e.g., suppression motions)
• Post-conviction rulings, such as final rulings in Penal Code 1172.6, Penal Code 1172.75, Penal Code 1170(d) Petitions, parole or probation revocations

If you pleaded guilty or no contest, your appeal rights are more limited but may still apply in cases of ineffective counsel or illegal sentences.

The Timeline for Filing a Criminal Appeal

Timing is everything in criminal appeals. According to California Rules of Court Rule 8.308(a) (formerly Rule 31(a)), a notice of appeal must be filed within 60 days of the judgment or sentencing in felony cases. For misdemeanor cases, Rule 8.850(a) applies, with a 30-day deadline.

Failing to meet these deadlines typically results in dismissal of the appeal, unless the defendant qualifies for relief under specific exceptions—like the prison-delivery rule, which protects incarcerated litigants. In People v. Sanchez, 1 Cal. 3d 496, the California Supreme Court reinforced the strict nature of these deadlines, denying relief where the defendant failed to ask counsel to file an appeal or show reasonable cause.

Key Case Law Shaping California Appeals

Several landmark cases define how appellate courts handle direct criminal appeals:

• People v. Sanchez (1969) – Reaffirmed the need for timely notice and emphasized that post-conviction relief is granted only under strict circumstances.
• Silverbrand v. County of Los Angeles (2009) – Applied the prison-delivery rule to civil appeals and reaffirmed its prior application in criminal cases (People v. Slobodion).
• People v. Freeman (2021) – Limited Wende/Anders review to direct appeals, clarifying that postjudgment orders do not receive the same protections.

These cases are vital in shaping both strategy and expectations for any criminal appeal lawyer in California.

Understanding the Prison-Delivery Rule

The prison-delivery rule ensures fairness for incarcerated individuals. Under this rule, a self-represented inmate’s notice of appeal is considered filed the moment it is delivered to prison staff for mailing—not when it’s stamped by the court.

The California Supreme Court, in Silverbrand, confirmed that this rule helps protect access to justice and due process for those behind bars. Any experienced criminal appeal lawyer in California will be familiar with leveraging this rule when advocating for clients in custody.

Appointed Counsel & Indigency Standards

Under Rule 8.851(a) of the California Rules of Court, defendants who are unable to afford legal representation on appeal may qualify for appointed counsel. This requires:

• Filing financial disclosure forms
• Demonstrating indigency
• Trial counsel either continuing or formally declining representation

An attorney experienced in California appeals will help navigate these procedural elements to ensure compliance and protect the client’s appellate rights.

Role of Trial Transcripts & the Record on Appeal

A strong appeal is built on a clear and complete trial record. Rule 9.4 of the Cal. Monterey County Superior Court lays out that only essential parts of the oral proceedings should be included, and that the trial court may order transcripts selectively to control cost.

Additionally, California allows the use of the original trial file instead of a clerk’s transcript for final judgments, under Cal. San Joaquin Rule 10-102. This flexibility benefits both the courts and appellants when used effectively.

What Is Wende/Anders Review?

The Wende/Anders procedure originates from two cases—People v. Wende and Anders v. California—which protect the right to effective assistance of counsel on appeal. If an attorney finds no arguable issues, they must still file a brief and allow the court to independently review the record.

In People v. Freeman, the court clarified that this form of review only applies to first appeals of right—typically direct appeals from felony convictions—and not to appeals from post-conviction rulings.

Augmenting the Record for Appeal

To ensure a thorough review, the appellate court may augment the record. Rule 1 of the Second Appellate District requires transcripts of important proceedings, such as:

• Jury selection (voir dire)
• In-camera or sealed hearings
• Guilty or no contest plea proceedings
• Sentencing or suppression motions

An appellate attorney will know when and how to request augmentation, ensuring all necessary parts of the trial are considered.

Appealing Post-Conviction Orders

Not all appeals stem from a conviction itself. Some challenge post-conviction rulings, such as the revocation of community supervision. However, as emphasized in Freeman, these appeals often do not receive Wende protections unless constitutional rights are at stake.

A knowledgeable criminal appeal lawyer in California will identify if these unique appeals offer any potential for relief.

Using Electronic Recordings in Appeals

For infractions and limited misdemeanors, Rule 8.1 of the Contra Costa County local rules allows the use of electronic recordings as the official record of oral proceedings. This streamlines appeals but also requires technical accuracy, especially when the original audio quality is poor or incomplete.

Power Trial Lawyer’s team ensures proper authentication and transcript creation when handling such records.

Restitution Orders & Inmate Appeals

Under 15 CCR § 3097, restitution fines and orders may be collected from inmates’ wages and trust accounts—even during pending appeals. However, in death penalty cases, collection of fines is stayed until the automatic appealconcludes.

Understanding the distinction between fines and direct restitution orders is critical for clients in custody pursuing relief.

How Power Trial Lawyer Handles Appeals

At Power Trial Lawyer, we bring extensive experience handling high-stakes appeals in Los Angeles and Orange County courts. Our attorneys:

• Conduct a review of trial records
• Develop persuasive appellate briefs
• Argue skillfully before California appellate panels

Whether your case involves a procedural error, constitutional violation, or excessive sentencing, our strategic, detail-driven approach increases your chances of success. Consult with an appellate lawyer by calling us at 213-800-7664 or by submitting a contact submission.

FAQs About Criminal Appeals in California

1. What if I missed the deadline to file a notice of appeal? Can I still appeal my case?

In most cases, failing to file a timely notice of appeal will result in a loss of appellate rights. California appellate courts strictly enforce filing deadlines: 60 days for felony convictions and 30 days for misdemeanors. However, there are narrow exceptions.

Under People v. Slobodion and Silverbrand v. County of Los Angeles, the prison-delivery rule may preserve appeal rights for incarcerated, self-represented defendants who timely submit their notice to prison staff for mailing. Additionally, appellate relief from default may be available if a defendant can prove ineffective assistance of counsel, i.e., that their lawyer failed to file an appeal despite being instructed to do so (People v. Sanchez).

Even with these options, the burden is high, and legal assistance is critical. A criminal appeal lawyer in California can help assess whether such exceptions apply and assist in preparing the appropriate motion to request relief.

2. Can I appeal if I pleaded guilty or no contest?

Yes, you can appeal after a plea of no contest or guilty plea. However, the grounds are limited. In general, a guilty or no contest plea waives the right to appeal most aspects of the case, including factual determinations and many pretrial rulings. However, there are three key exceptions where an appeal may still be valid:

• Ineffective Assistance of Counsel: If you can prove that your attorney provided substandard representation, especially if it affected your decision to plead.
• Lack of Voluntariness: If the plea wasn’t knowing, voluntary, and intelligent—such as being coerced or not properly advised of consequences.
• Sentencing Errors: If the court imposed an illegal sentence or exceeded its authority during sentencing, you may appeal that aspect even after a guilty plea.

Because these claims are nuanced, involving constitutional rights and detailed procedural history, they should always be evaluated by an experienced appellate attorney.

3. How long does a criminal appeal take in California?

The timeline varies significantly based on case complexity, the appellate district, and court caseload. On average:

• Notice of Appeal to Record Preparation: 2–4 months
• Briefing Process (Opening, Respondent, and Reply Briefs): 3–6 months
• Oral Argument & Decision: 3–12 months
• Total Duration: 9 months to 2+ years

Delays can occur if the record on appeal is incomplete or if either party seeks an extension. Some appeals are expedited (e.g., juvenile matters), while death penalty cases involve automatic appeals that take several years.

4. What is the difference between a direct appeal and a habeas corpus petition?

A direct appeal challenges legal errors evident from the trial record—such as incorrect jury instructions, improper admission of evidence, or judicial bias. It does not allow new evidence or claims that rely on facts outside the trial record.

A habeas corpus petition, on the other hand, is a collateral attack on the conviction, often based on violations of constitutional rights (e.g., ineffective counsel, newly discovered evidence, prosecutorial misconduct). Habeas petitions are usually filed after an appeal or when appeal rights have been exhausted.

Both remedies are critical tools, but they serve different purposes. Skilled attorneys often pursue them concurrently or sequentially for maximum impact.

5. Do I have to go back to court for my appeal?

Generally, no. Most criminal appeals in California are resolved on the written record and legal briefs. Oral arguments are often held without the defendant present, especially if they are incarcerated.

However, the defendant’s presence may be required if the appellate court orders a remand for a new trial, resentencing, or evidentiary hearing. Your criminal appeal lawyer will keep you informed of any required appearances and prepare you accordingly.

6. What happens if I win my appeal?

Winning an appeal can result in several favorable outcomes:

• Conviction Reversed: A new trial may be ordered, or charges dismissed if the appellate court finds legal errors that compromised the trial.
• Sentence Modified: If the appellate court finds the sentence unlawful, it may be reduced or remanded for lawful resentencing.
• Remand for New Proceedings: The case may return to the trial court with instructions to correct errors, such as holding a new suppression hearing or re-evaluating a motion.

Note: Winning on appeal doesn’t always mean immediate freedom. The prosecution can retry the case, seek a higher appeal, or offer a new plea deal. That’s why post-appeal representation is just as important as the appeal itself.

7. How do I know if I have a good case for appeal?

A good appellate case hinges on identifiable legal or procedural errors that likely impacted the trial’s outcome. You should consult with an appeals lawyer to evaluate your case. Examples include:

• Incorrect jury instructions
• Admission of prejudicial or unconstitutional evidence
• Improper prosecutorial conduct
• Judicial bias or misconduct
• Sentencing beyond statutory limits
• Denial of effective legal counsel

A criminal appeal lawyer in California, such as those at Power Trial Lawyer, will conduct a comprehensive review of the trial record and sentencing transcripts to assess the likelihood of success. Appellate review is not a retrial—it’s a meticulous analysis of legal missteps.