What Is a Notice of Appeal?
A Notice of Appeal (NOA) is fundamentally a piece of paper filed with a clerk of the trial court that tells the trial court, the state, and the appellate court that the defendant is appealing the lower court's judgment or sentence.
Who Can File a Notice of Appeal?
Typically, the defendant's attorney files the NOA. If the defendant had court-appointed counsel during trial or plea, that attorney must file unless the defendant requests otherwise. Private counsel ordinarily files for their clients, though defendants may file independently if their attorney cannot or will not.
California Notice of Appeal Forms
Felony Criminal Case Appeal Form CR-120
Attorneys use Form CR-120 for felony appeals, requiring:
- Defendant's name and birthdate
- Corrections number (if applicable)
- Date of judgment or sentence being appealed
- Signatures from defendant and/or attorney
- Specification of trial type (jury, guilty plea, no-contest, other)
For plea-based appeals, defendants must indicate whether they're appealing:
- The sentence or post-plea matters
- A motion to suppress evidence denial
- Plea validity
- Other specified reasons
Certificate of Probable Cause: Defendants challenging a plea must request a certificate of probable cause, demonstrating "a constitutional, jurisdictional, or other significant defect going to the legality of the plea."
Attorney Appointment: The form requires indicating whether counsel appointment is requested.
Misdemeanor Criminal Case Appeal Form CR-132
Form CR-132 for misdemeanor cases requires:
- Defendant's name, address, phone, email
- Trial court attorney information and representation status
- Attorney credentials (name, contact details, bar number)
- Judgment type being appealed
- Record type for appeal proceedings
- Court-appointed counsel request
- Date and signature
Defendants must also file Form CR-134 concurrently or within 20 days, notifying the clerk about the record requested for appeal.
Deadline to File a Notice of Appeal
Felony defendants have 60 days from judgment entry to file; misdemeanor defendants have 30 days. These deadlines are strictly enforced—courts reject late filings. Though rare exceptions exist, defendants shouldn't rely on them.
Where to File a Notice of Appeal in California
The NOA must be filed with the trial court clerk. County procedures vary significantly—Orange County files in the Criminal Department of Central Justice Center, while other counties have different divisions. Defendants should verify local procedures.
What Happens After a Notice of Appeal is Filed?
Notification of Persons and Entities
Upon filing, the clerk notifies the Court of Appeal (felony) or Appellate Division (misdemeanor), the California Attorney General, and the defendant or counsel.
The Record of the Proceedings
Felony Cases: The clerk assembles transcripts including:
- Clerk's transcript (CT): Documents filed (indictment, motions, orders)
- Reporter's transcript (RT): Trial testimony and proceedings
Misdemeanor Cases: Form CR-134 allows defendants to specify which record portions are needed. Defendants may agree with the state on limited records. The form requires choosing among:
- Recorder's record (if court reporter recorded proceedings)
- Electronic recording transcript
- Official recording itself
- "Statement on appeal" (written summary approved by trial court)
Stay of Execution of the Sentence Pending Appeal
A stay postpones sentence execution during appeal. Death sentence stays are automatic; others require court approval.
Obtaining a Stay: Defendants request a trial court certificate of stay. If denied, they may petition the appellate court. Courts typically grant stays for non-frivolous appeals presenting "debatable questions meriting review."
Release from Custody: A stay alone doesn't grant release. Defendants must separately request bail or release on recognizance by demonstrating:
- Clear and convincing evidence they won't flee
- Clear and convincing evidence they pose no danger
- The appeal isn't for delay and raises substantial legal questions likely resulting in reversal if decided favorably
A Criminal Appeals Lawyer Can Help You File a Notice of Appeal
Filling out the Notice of Appeal fully and properly and on time is critical to a defendant's rights. Experienced attorneys know how to successfully file a Notice of Appeal that will guide you towards winning your appeal.
To learn more about filing a Notice of Appeal in California, contact SPCRC's Recommended California Lawyers for a consultation.