Legal Question in Appeals and Writs in California

It appears on its face to be untimely, however an attorney would have to review the record to determine the timeliness. Typically, a defendant has sixty days to appeal once sentence has been imposed. There are situations that might extend the time to appeal. If the defendant asked his counsel to appeal and the attorney failed to file, the time might be extended. You need to discuss the situation with his attorney or hire an attorney to determine whether it is too late. Although an appeal might be untimely, an additional avenue for review is through the filing of a writ of habeas corpus that is applicable to certain types of error. Good luck.

Probably, but not necessarily. And it's quite possible that your husband's trial attorney filed a notice of appeal before time ran out.

You should consult ASAP with an appellate attorney to find out what your husband's options might be. Don't delay, since his time may run out any day if it hasn't already.

Please feel free to contact me directly if you want to discuss the case in more detail. I have many years of experience in appeals and writs, and am certified as an appellate specialist by the State Bar of California Board of Legal Specialization -- a certification held by just 284 of the roughly 200,000 lawyers practicing in this state.