Legal Question in Criminal Law in California

The process is generally that the opinion will become final after a period of time. The period depends on whether you appealed from a felony to the Court of Appeal, or from a misdemeanor to the Appellate Division of the Superior Court. Once it is final, the party who lost may want to seek higher review. If that does not happen, the appellate court issues a remittitur, which attaches a copy of the opinion and is sent to the trial court. The trial court is then required to follow the instructions in the opinion and remittitur.

There are a number of ways to "win" a criminal appeal. The most dramatic type of win is a full reversal of each count on which the defendant was convicted, in a manner that does not allow a retrial. Sometimes, though, the convictions are reversed in a way that does allow a retrial. It is also possible for some but not all of the convictions to be reversed. Sometimes only a sentence is reversed while the convictions are allowed to stand. There are other ways to "win" as well.

Mr. Roach has described what the courts do when an appeal is over, but I think you were asking what the defendant should do when the appeal is decided in his favor. That will depend upon the nature of the win.

Feel free to contact me if you would like to discuss the specifics of your case. I'm certified by the State Bar of California as a specialist in appellate practice -- a certification held by fewer than 300 of the 200,000-plus lawyers in California. I also have many years of experience the field. Whether you contact me or not, good luck.