Legal Question in Criminal Law in California

I was going to reject this, because a question as vague as this needs more factual detail to be answered specifically. I'm going to put some detail into this response, because it is important for people reading these answers to understand that the answer to your question depends on a lot of factual information from you.

At one time, an appeal in a criminal case had to be taken from the actual conviction, and not the sentence. (People v. Hollis (1959) 176 Cal.App.2d 92, 94.) Currently, by statute, a defendant may appeal from a sentence. (Pen. Code, �� 1237 subd. (a), 1466 subd. (2)(A).) If a defendant waives their right to appeal the sentence as part of a plea bargain, however, that defendant cannot attack the sentence on appeal.

The time to appeal depends on whether it is a misdemeanor or a felony. The time to file an appeal in a felony case is sixty (60) days from the appealable order or judgment you seek to appeal from. (Cal. Rules of Court, rule 8.308 subd. (a).) Appeals from misdemeanors and infractions are appealed to the Appellate Division of the Superior Court, and are governed by a different rule. The time to appeal in a misdemeanor or infraction case is thirty (30) days from the appealable order or judgment you seek to appeal from. (Cal. Rules of Court, rule 8.853 subd. (a).)

There are other issues also. In some cases, a party must obtain a certificate of probable cause before appealing. I strongly urge you to speak to an appellate criminal defense attorney, and not wait until the last minute.