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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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how long do you have to file an appeal on criminak case

Customer Question

how long do you have to file an appeal on criminak case
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 7 years ago.
In what state? And is it a misdemeanor or felony conviction?
Customer: replied 7 years ago.
In SAn Jose California
Expert:  Jim Reilly replied 7 years ago.
California law on filing appeals is 30 days from the judgment in a felony case or 60 days from the entry of an order pursuant to Penal Code secton 1237.5 (relating to appeals from guilty pleas). California Rules of Court, Rule 8.308, which you can see at:

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_308

This rule would also apply to any misdemeanor which was originally filed as a felony, regardless of the reason it was reduced to a misdemeanor. Rule 8.304, see:

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_304

The old Rules of Court governing misdemeanor appeals (Rules 8.700 through 8.793) provided for a 30 day filing deadline for misdemeanors as well. Those rules were all repealed effective January 1, 2009, and replaced with new rules 8.800 through 8.817. You can see these at:

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight

Scroll down to and click on the rule you want to see.

Additional new rules applicable to misdemeanor appeals are 8.850 through 8.891, with a deadline for filing of 30 days in Rule 8.853, which you can see at:

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_853
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Customer: replied 7 years ago.
Relist: Other
do enter anymore
Expert:  Jim Reilly replied 7 years ago.
Sorry, do you have another question?