CR-131-INFO 1 Information on Appeal Procedures for Misdemeanors What does this information sheet cover? For information about appeal procedures in other cases, see: · 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 8.800­8.816 and 8.850­8.890 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.courts.ca.gov/rules. 2 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.courts.ca.gov/forms. What is a misdemeanor? 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 at http://leginfo.legislature.ca.gov/ faces/codes.xhtml.) If you were also charged with or convicted of a felony, then your case is a felony case, not a misdemeanor case. 3 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. · What is an appeal? 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: · 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. 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. 4 Do I need a lawyer to appeal? 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 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. If you are representing yourself, you must put your address, telephone number, fax number, and e-mail address (if available) on the cover of every document CR-131-INFO, Page 1 of 9 _____________________________________________________________________________ Judicial Council of California, www.courtinfo.ca.gov Revised March 1, 2014, Optional Form Cal. Rules of Court, rules 8.800­8.889 Information on Appeal Procedures for Misdemeanors American LegalNet, Inc. www.FormsWorkFlow.com CR-131-INFO Information on Appeal Procedures for Misdemeanors 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). 7 you file with the court and let the court know if this contact information changes so that the court can contact you if needed. 5 How do I get a lawyer to represent me? The court is required to appoint a lawyer to represent you if you are indigent (you cannot afford to pay for a lawyer) and: · Can I appeal any decision that the trial court made? 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.courts.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.courts.ca.gov /selfhelp.htm at the "Getting Started" tab. 6 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. With the exception listed below, 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