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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26431
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a convicted fellon case be appealed since all she did

Customer Question

can a convicted fellon case be appealed since all she did was voyeurism, and got 12 and 1/2 years. She never contacted a minor, never communicated with a minor, and was seduced by an elderly Australian man and convinced that whaqt she was doing was legal,
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Appellate courts will not retry the facts of a case. They look for errors in the application of law or for a lack of due process. You can appeal a case on the basis of the fact that the sentence was unduly harsh based on the crime that was committed, however. The defendant would have to file his notice of appeal within the statutory deadline in order to be able to do that. I don't know what US state is involved here. Typically, that period of time is 30 days. It varies among states but the window of opportunity to give notice of an appeal is a short one.

So to recap, yes, a case can be appealed on the basis that the sentence was too heavy for the crime, but the notice of such an appeal must be filed quickly after the conviction for the court to accept the appeal.