Legal Question in Criminal Law in California

appelate laws

What are laws pertaining to the appealing of felony conviction? It was a no contest plea and there is also a case of innefectual counsel besides the fact that the charges were false and there was/is no guilt. Also, what are the limitations, if any, regarding the use of subpeona during appeal as well as the limitations to accessing ecords pertaining to ''in camera'' proceedings? Thank you...


Asked on 8/02/02, 7:27 pm

2 Answers from Attorneys
Gary Olive Law Offices of Gary Olive

Re: appelate laws

For a felony appeal you must first file a Notice of Appeal within 60 days of the sentencing. This is a mandatory requirement. After the filing of the Notice of Appeal, then you will recive a briefing schedule from the Courts of Appeal. The main appellate issues are abuse of discretion by the judge, jury misconduct, and ineffective assistance of counsel.

Good luck, let me know if you need any further assistance.

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Answered on 8/04/02, 9:45 pm
David Diamond Diamond & Associates

Re: appelate laws

You have 60 days to appeal. If that statute has passed, your next option is to do a motion to withdraw your plea. Please contact my office at 310/277-1707 to discuss.

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Answered on 8/05/02, 8:31 pm


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