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OCCAOnline Rules of the Court of Criminal Appeals Form 13.4 Notice of Intent to Appeal IN THE DISTRICT COURT OF ________________ COUNTY STATE OF OKLAHOMA THE STATE OF OKLAHOMA, Plaintiff, v. ___________________________________, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) APPEAL CASE NO. ___________________ DISTRICT COURT CASE NO. ___________ TYPE OF APPEAL ( ) Direct Felony Appeal ( ) Direct Misdemeanor Appeal ( ) Certiorari ( ) Revocation/Acceleration ( ) Termination From Drug Court ( ) State Appeal - 1089.1 - 1089.7 ( ) State Appeal - 1053/1053.1 ( ) Juvenile - Adjudication ( ) Juvenile - (Certification) ( ) Juvenile - (Reverse Certification) ( ) Youthful Offender - (Sentencing as Adult) ( ) Youthful Offender - Bridge to DOC ( ) Other (specify) _____________________ ( ) CAPITAL ( ) NON-CAPITAL NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGEMENT; AND NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED I. NOTICE OF INTENT TO APPEAL The Defendant was sentenced on the __________ day of________________, 20_______, for: If certiorari appeal, date of trial court's denial to withdraw plea _______________________. Crime(s) Statute(s) Sentence _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ The sentence(s) was/were ordered to run ( ) concurrently ( ) consecutively as follows: _________________________________________________________________________. The Defendant intends to appeal ( ) all convictions arising from the trial had in the above captioned case, whether hereinabove specifically listed or not; or ( ) only the following Counts________________ to the Oklahoma Court of Criminal Appeals pursuant to _____________________________________ (cite specific statute). This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit "A", pursuant to Rule 2.5(B) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial 1 American LegalNet, Inc. www.FormsWorkFlow.com court within ten (10) days of the date of the pronouncement of the Judgment and Sentence in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B). The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A. To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit "B". _________________________________________ Trial Counsel ( ) Retained ( ) Appointed ( ) Individual ( ) Oklahoma Indigent Defense System ( ) Oklahoma County Public Defender ( ) Tulsa County Public Defender A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were mailed this __________ day of ____________________, 20________, to the Clerk of the Oklahoma Court of Criminal Appeals. ________________________________________ Trial Counsel (Signature plus typed name) ________________________________________ OBA No._________________________________ Address _________________________________ ________________________________________ Telephone No.____________________________ II. APPLICATION FOR DETERMINATION OF INDIGENCE In accordance with Rule 1.14 of the Rules of the Court of Criminal Appeals, 22 O.S., Ch.18, App., the Defendant submits that he/she is indigent and cannot pay the costs of an appeal. Counsel states: () Indigency has been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) will be provided if this Court elects to review the Defendant's status. Indigency has not been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) is attached as Exhibit "C". () It is requested that appropriate counsel be appointed and transcripts be prepared at the expense of the State. _________________________________________ Trial Counsel III. DETERMINATION OF INDIGENCE 2 American LegalNet, Inc. www.FormsWorkFlow.com Pursuant to Rule 1.14 of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, this Court finds the Defendant ( )IS ( )IS NOT currently indigent. THE COURT ORDERS: A. Preparation of the Appeal Record: 1. A record of this case ( )IS ( )IS NOT to be prepared at public expense. 2. The court reporter(s) listed below ( )SHALL ( ) SHALL NOT be reimbursed at public expense out of the Court Fund of ___________________ County for preparation of this record Name: __________________________________________________________ Mailing Address:___________________________________________________ Transcript Type:___________________________________________________ Transcript Date: ___________________________________________________ 3. The return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E). B. IF INDIGENT: 1. _______________________________, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record. 2. The court reporter(s) has been served with a copy of the Designation of Record. 3. Appropriate transcripts are ordered at public expense. 4. ________________________________, (name) ( ) CHIEF, CAPITAL DIRECT APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was imposed) ( ) CHIEF OF THE GENERAL APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was not imposed) ( ) PUBLIC DEFENDER OF TULSA COUNTY ( ) PUBLIC DEFENDER OF OKLAHOMA COUNTY ( ) A PRIVATE ATTORNEY,__________________________________________ Address _________________________________________________________ Telephone _______________________________________________________, is appointed to represent the Defendant on appeal. (The public defender of Tulsa County and Oklahoma County may only be appointed if th