Legal Question in Criminal Law in California

I was acquited in a misdemeanor case after trial , I then filed a PC 851.8 petition but was denied,more than thirty have elapsed since then.

Can I still file for appeal?Please let me know all the ways possible to deal with this issue.Best regards.


Asked on 6/11/10, 12:45 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Appeals in misdemeanor or infraction cases are taken to the Appellate Division of the Superior Court. They are not taken to the District Court of Appeal. They must be filed within 30 days fo the order you are appealing from, if the order is appealable. "A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed." (Cal. Rules of Court, rule 8.853 subd. (a).)

It sounds as though you are late. Usually, the clerk will notify you that it is rejected when if you file it and it is late. "The trial court clerk must mark a late notice of appeal "'Received [date] but not filed' and notify the party that the notice was not filed because it was late." (Cal. Rules of Court, rule 8.853 subd. (d).)

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Answered on 6/11/10, 8:21 am


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