TITLE 9. APPEALS IN FELONY CASES [1235. - 1265.]

Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396.

§§ 1235–1265 · 32 sections

1. CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof §§ 1235–1246 · 18 sections

   • § 1235 (a) Either party to a felony case may appeal on questions of law alone, as prescribed in this title and in rules adopted by the Judicial Council. The…
   • § 1236 The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in consequence of the appeal.
   • § 1237 An appeal may be taken by the defendant from both of the following: (a) Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of…
   • § 1237.1 No appeal shall be taken by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the…
   • § 1237.2 An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty…
   • § 1237.5 No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an…
   • § 1238 (a) An appeal may be taken by the people from any of the following: (1) An order setting aside all or any portion of the indictment, information, or complaint.…
   • § 1238.5 Upon appeal by the prosecution pursuant to Section 1238, where the notice of appeal is filed after the expiration of the time available to defendant to seek…
   • § 1239 (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the…
   • § 1239.1 (a) It is the duty of the Supreme Court in a capital case to expedite the review of the case. The court shall appoint counsel for an indigent appellant as soon…
   • § 1240 (a) When in a proceeding falling within the provisions of Section 15421 of the Government Code a person is not represented by a public defender acting pursuant…
   • § 1240.1 (a) In any noncapital criminal, juvenile court, or civil commitment case wherein the defendant would be entitled to the appointment of counsel on appeal if…
   • § 1241 In any case in which counsel other than a public defender has been appointed by the Supreme Court or by a court of appeal to represent a party to any appeal or…
   • § 1242 An appeal taken by the people in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed.
   • § 1243 An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all cases where a sentence of death…
   • § 1244 If the certificate provided for in the preceding section is filed, the Sheriff must, if the defendant be in his custody, upon being served with a copy thereof,…
   • § 1245 If before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a copy…
   • § 1246 The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial Council.
2. CHAPTER 1a. Judicial Council Rules § 1247k · 1 section

   • § 1247k The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in which the records on…
3. CHAPTER 2. Dismissing an Appeal for Irregularity § 1248 · 1 section

   • § 1248 If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed.
4. CHAPTER 3. Argument of the Appeal §§ 1252–1256 · 5 sections

   • § 1252 On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer period than…
   • § 1253 The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear.
   • § 1254 Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the…
   • § 1255 The defendant need not personally appear in the appellate Court.
   • § 1256 It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal.
5. CHAPTER 4. Judgment Upon Appeal §§ 1258–1265 · 7 sections

   • § 1258 After hearing the appeal, the Court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial…
   • § 1259 Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law involved in…
   • § 1260 The court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or attempted offense or the punishment imposed,…
   • § 1261 When a new trial is ordered it must be directed to be had in the Court of the county from which the appeal was taken.
   • § 1262 If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct. If…
   • § 1263 If a judgment against the defendant is affirmed, the original judgment must be enforced.
   • § 1265 (a) After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the…