What are the Time Limits to File a Notice of Appeal in California Criminal Cases?
In California, criminal defendants have a limited amount of time in which to file a notice of appeal after a conviction. Failure to file a notice of appeal within the allotted time can result in the loss of the right to appeal.
The first time limit for filing a notice of appeal in California is for appeals from a judgment of conviction. A defendant has sixty days from the date of the judgment to file a notice of appeal in a felony case. This time limit applies to both guilty and no-contest pleas, as well as to convictions after a trial. The sixty-day time limit begins to run on the date that the judgment is pronounced, not the date that the judgment is entered on the court’s docket.
In a misdemeanor case, a criminal defendant has thirty days to file the notice of appeal from the date of their sentence.
It’s worth noting that there are certain exceptions to the time limits for filing a notice of appeal in California. For example, a defendant may file a notice of appeal after the sixty-day or six-month time limit if they can show that they were unable to file a notice of appeal within the allotted time due to certain circumstances such as mental incompetence or physical incapacity.
Another exception to the time limits for filing a notice of appeal is the so-called “re-sentencing exception” which allows a defendant to file a notice of appeal within 60 days of a new sentence, regardless of how long it has been since the original sentence was imposed. This exception applies when a defendant has been re-sentenced after a successful appeal or habeas corpus petition.
It’s also worth noting that a defendant can file a petition for writ of habeas corpus after the time limits for filing a notice of appeal have passed, if the defendant can show that they were denied a fair trial due to ineffective assistance of counsel, newly discovered evidence, or some other ground that could not have been raised on direct appeal.
In addition, a defendant can also file a petition for a writ of habeas corpus in federal court if they can show that their conviction was obtained in violation of the U.S. Constitution or other federal laws.
If you or a loved one was convicted of a felony or misdemeanor crime in California, then contact our office today. We provide appellate representation all throughout California. Call the Law Offices of John D. Rogers today to schedule a consultation with an experienced Orange County criminal appeals attorney.