What is the process for filing a criminal appeal in state court?

The process for filing a criminal appeal in state court in California is relatively straightforward. First, you must file a notice of appeal with the court in which you were convicted. This must be done within 60 days after the date of your conviction. Once the notice of appeal is filed, the clerk of the trial court will issue a Record on Appeal. This document will contain all of the evidence, court filings, and transcripts from the original trial. Along with the Record on Appeal, you must submit a written brief to the appellate court. This brief must be based on the evidence in the Record and explain why you believe the conviction should be overturned. After the brief has been submitted, the court will schedule a hearing date. At the hearing, the parties will present their arguments for and against the conviction. The appellate court will then decide based on the submissions and arguments whether to overturn the conviction. If the appellate court grants the appeal and overturns the conviction, the defendant may be retried or released from custody. If the court denies the appeal, the trial court’s ruling will stand. Throughout the appeal process, it is important to consult with a criminal defense attorney in order to protect your rights and ensure the best outcome.

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