What Are the Limitations for an Appeal in California for a Prison Sentencing?

If you were found guilty and sentenced for a crime in California, you have the right to appeal the sentence that you received. You must, however, file the appropriate documents within the statutory time frame to preserve your appellate rights.

Purpose of Appeal

The purpose of an appeal is to ask the appellate court to review the trial or, in this case, sentencing for errors. An appeal is not a new trial. In order for an appeal to be successful, the appellate court must not only find errors in your sentencing but also find that those errors made your sentence fundamentally unfair.

Right to Appeal

Every defendant has the right to appeal a sentence in California and the appellate court must consider your reasons for appeal. This does not mean that they will modify your sentence or send it back to the lower court for a new sentencing. Your right to appeal only means that the appellate court must consider your appeal.

Time Frame

A notice of appeal must be filed within 60 days after sentencing for a felony and within 30 days for a misdemeanor in California. The notice of appeal is filed in the court where the sentence was ordered and serves to inform the court of your intention to appeal. In most cases, if the notice is not filed in a timely fashion, the appellate court will refuse to consider your appeal.

References

• SoCal Criminal Appeals: Frequently Asked Questions
• The Legal Appeals Group: Criminal Appeals