CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof

Chapter 1 enacted 1872.

§§ 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.