§8.04 Appeal of Conviction

A defendant may appeal a conviction on a Vehicle Code infraction or misdemeanor to the appellate division of the superior court. The notice of appeal must be filed within 30 days after the conviction. [See CRC 8.853(a), 8.902(a).] Appeals of traffic infractions and misdemeanors generally are governed by CRC 8.850 et seq and 8.900 et seq. An appeal does not stay execution of the sentence unless the trial judge or the appellate division so orders. The granting or refusal of a stay is discretionary. [See PC §1467.]

The record on appeal generally is governed by 8.860 and 8.910. The normal record on appeal includes a record of the written documents from the trial court proceedings, often in the form of a clerk’s transcript. [CRC 8.860(a)(1)(A) (misdemeanors), 8.910(a)(1)(A) (infractions); see CRC 8.861, 8.862, 8.867, 8.912, 8.913, 8.920.] Or, if permitted by local rule, the record of written documents may consist of the original trial court file. [CRC 8.860(a)(1)(B), 8.910(a)(1)(B); see CRC 8.863, 8.914.]

If an appellant wants to raise any issue that requires consideration of the oral proceedings in the trial court, the record on appeal must include a record of the oral proceedings, which may be in the form of a statement on appeal. [CRC 8.860(a)(2)(C), 8.910(a)(2)(A).] Alternatively, a record of oral proceedings may be in the form of an official electronic recording if permitted by local rule, a reporter’s transcript, or a transcript prepared from an official electronic recording. [CRC 8.860(a)(2)(A)–(B), 8.910(a)(2)(B)–(C); see CRC 8.865–8.868, 8.917–8.920.] The following discussion focuses on your duties regarding a statement on appeal.