Orange — Misdemeanor Appeal

Source: https://www.occourts.org/system/files/shc-app-03.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

MISDEMEANOR APPEAL

SELF-HELP FORM PACKET

SHC-APP-03 (Rev. 08/06/2021)

www.occourts.org/self-help

CR-131-INFO Information on Appeal Procedures for Misdemeanors

1 What does this information sheet For information about appeal procedures in other cover? cases, see: This information sheet tells you about appeals in • Information on Appeal Procedures for Infractions misdemeanor cases. It is only meant to give you a (form CR-141-INFO) general idea of the appeal process, so it does not cover everything you may need to know about appeals in • Information on Appeal Procedures for Limited misdemeanor cases. To learn more, you should read Civil Cases (form APP-101-INFO) rules 8.800–8.816 and 8.850–8.890 of the California Rules of Court, which set out the procedures for You can get these forms at any courthouse or county misdemeanor appeals. You can get these rules at any law library or online at www.courts.ca.gov/forms. courthouse or county law library or online at www.courts.ca.gov/rules. instructions given to the jury, and misconduct by the 2 What is a misdemeanor? jury that harmed the appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other decision being appealed isA misdemeanor is a crime that can be punished by jail correct. It is the responsibility of the appellant totime of up to one year, but not by time in state prison. show the appellate division that an error was made(See Penal Code sections 17 and 19.2. You can get a and that the error was harmful.copy of these laws at http://leginfo.legislature.ca.gov /faces/codes.xhtml.) If you were also charged with or • No substantial evidence: The appellant may also askconvicted of a felony, then your case is a felony case, not the appellate division to determine if there wasa misdemeanor case. substantial evidence supporting the judgment, order, 3 or other decision being appealed. When it conducts What is an appeal? its review, the appellate division only looks to see if there was evidence that reasonably supports theAn appeal is a request to a higher court to review a decision. The appellate division generally will notdecision made by a lower court. In a misdemeanor reconsider the jury’s or trial court’s conclusion aboutcase, the court hearing the appeal is the appellate which side had more or stronger evidence or whetherdivision of the superior court and the lower court— witnesses were telling the truth or lying.called the “trial court” in this information sheet—is the superior court. The appellate division generally will not overturn the judgment, order, or other decision being appealedIt is important to understand that an appeal is NOT a unless the record clearly shows that one of these legalnew trial. The appellate division will not consider new errors was made.evidence, such as the testimony of new witnesses or new exhibits. The appellate division’s job is to review a 4 Do I need a lawyer to appeal?record of what happened in the trial court and the trial court’s decision to see if certain kinds of legal errors You will probably need a lawyer. You are not allowed towere made in the case: represent yourself in an appeal in a misdemeanor case • Prejudicial error: The party that appeals (called the unless the appellate division permits you to do so. But “appellant”) may ask the appellate division to appeals can be complicated, and you would have to determine if an error was made about either the law follow the same rules that lawyers have to follow. If you or court procedures in the case that caused have any questions about the appeal procedures, you substantial harm to the appellant (this is called should talk to a lawyer. “prejudicial error”). Prejudicial error can include things like errors made by the judge about the law, If the appellate division permits you to represent errors or misconduct by the lawyers, incorrect yourself, you must put your address, telephone number,

---

Judicial Council of California, www.courts.ca.gov CR-131-INFO, Page 1 of 9 Revised September 1,

f, you must put your address, telephone number,

---

Judicial Council of California, www.courts.ca.gov CR-131-INFO, Page 1 of 9 Revised September 1, 2020, Optional Form Information on Appeal Procedures Cal. Rules of Court, rules 8.800–8.889 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors fax number, and email address (if available) on the cover must hire a lawyer at your own expense. You can get of every document you file with the court and let the information about finding a lawyer on the California court know if this contact information changes so that Courts Online Self-Help Center at www.courts.ca.gov the court can contact you if needed. /selfhelp.htm at the “Getting Started” tab.

If the appellate division does not permit you to represent 6 Who can appeal? yourself, you must hire a lawyer at your own expense or ask the court to appoint a lawyer to represent you. Only a party in the trial court case can appeal a decision in that case. You may not appeal on behalf of a friend, a 5 How do I get a lawyer to represent me? spouse, a child, or another relative. The party that is appealing is called the APPELLANT;The court is required to appoint a lawyer to represent in a misdemeanor case, this is usually the partyyou if you are indigent (you cannot afford to pay for a convicted of committing the misdemeanor. The otherlawyer) and: party is called the RESPONDENT; in a misdemeanor • You were convicted and your punishment includes case, this is usually the government agency that filed the going to jail or paying a fine of more than $500 criminal charges (on court papers, this party is called the (including penalty and other assessments); or People of the State of California). In some cases, the government agency is the appellant and the party against • You are likely to suffer other negative consequences whom the charges were filed is the respondent. from the conviction (for example, immigration problems or inability to get or keep a license or 7 Can I appeal any decision that the trial permit); or court made? • You have not been convicted but you are likely to No. Generally, you may appeal only the final judgment suffer significant harm if you lose the appeal. —the decision at the end that decides the whole case. The final judgment includes the punishment that the See rule 8.851 of the California Rules of Court for more court imposed. With the exception listed below, rulings information about when the court is required to appoint a made by the trial court before final judgment generally lawyer to represent you. cannot be separately appealed, but can be reviewed only later as part of an appeal of the final judgment. In a The court may, but is not required to, appoint a lawyer to misdemeanor case, the party convicted of committing a represent you on appeal in other circumstances if you are misdemeanor usually appeals that conviction or the indigent. You are automatically considered indigent if sentence (punishment) ordered by the trial court. In a you were represented by the public defender or other misdemeanor case, a party can also appeal: court-appointed lawyer in the trial court. You will also • Before the trial court issues a final judgment in thebe considered indigent if you can show that your income case, from an order granting or denying a motion toand assets are too low to pay for a lawyer. suppress evidence (Penal Code section 1538.5(j)) If you think you are indigent, you can ask the court to • From an order made by the trial court after judgmentappoint a lawyer to represent you for your appeal. You that affects a substantial right of the appellant (Penalmay use Request for Court-Appointed Lawyer in Code section 1466(2)(B))Misdemeanor Appeal (form CR-133) to ask the court to appoint a lawyer to represent you on appeal in a You can get a copy of these laws atmisdemeanor case. You can get form CR-133 at any http://leginfo.legislature.ca.gov/faces/codes.xhtml.courthouse or county law library or online at www.courts.ca.gov/forms. 8 How do I start my appeal? If you want a lawyer and you are not indigent or if the court turns down your request to appoint a lawyer, you

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 2 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors First, you must file a notice of appeal. The notice of appeal tells the other party in the case and the trial court that you are appealing the trial court’s decision. You Filing the notice of appeal does NOT automatically may use Notice of Appeal (Misdemeanor) (form postpone your punishment, such as serving time in jail, CR-132) to prepare and file a notice of appeal in a paying fines, or probation conditions. misdemeanor case. You can get form CR-132 at any courthouse or county law library or online at If you have been sentenced to jail in a misdemeanor www.courts.ca.gov/forms. case, you have a right to be released either with or without bail while your appeal is waiting to be decided, but you must ask the court to set bail or release you. If 9 Is there a deadline for filing my notice the trial court has not set bail or released you after your of appeal? notice of appeal has been filed, you must ask the trial court to set bail or release you. If the trial court denies Yes. Except in the very limited circumstances listed in your release or sets the bail amount higher than you rule 8.853(b), in a misdemeanor case, you must file your think it should be, you can apply to the appellate notice of appeal within 30 days after the trial court division for release or for lower bail. makes (“renders”) its final judgment in your case or issues the order you are appealing. (You can get a copy Other parts of your punishment, such as fines or of rule 8.853 at any courthouse or county law library or probation conditions, will be postponed (“stayed”) only online at www.courts.ca.gov/rules). The date the trial if you request a stay and the court grants your request. If court makes its judgment is normally the date the trial you want a stay, you must first ask the trial court for a court issues its order saying what your punishment is stay. You can also apply to the appellate division for a (sentences you). This deadline for filing the notice of stay, but you must show in your application to the appeal cannot be extended. If your notice of appeal is appellate division that you first asked the trial court for a late, the appellate division will not be able to consider stay and that the trial court unjustifiably denied your your appeal. request. If you do not get a stay and you do not pay your fine or complete another part of your punishment by the date ordered by the court, a warrant may be issued for 10 How do I file my notice of appeal? your arrest or a civil collections process may be started against you, which could result in a civil penalty being To file the notice of appeal in a misdemeanor case, you added to your fine. must bring or mail the original notice of appeal to the clerk of the trial court that made the judgment or issued 12 What do I need to do after I file my the order you are appealing. It is a good idea to bring or appeal?mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. You must tell the trial court (1) whether you have agreed with the respondent (“stipulated”) that you do not need There is no fee for filing the notice of appeal in a parts of the normal record on appeal, and (2) whether misdemeanor case. You can ask the clerk of that court if you want a record of what was said in the trial court (this there are any other requirements for filing your notice of is called a record of the “oral proceedings”) sent to the appeal. appellate division and, if so, what form of that record you want to use. You may use Notice Regarding Record After you file your notice of appeal, the clerk will send a on Appeal (Misdemeanor) (form CR-134) for this notice. copy of your notice of appeal to the office of the (You can get form CR-134 at any courthouse or county prosecuting attorney (for example, the district attorney, law library or online at www.courts.ca.gov/forms). You county counsel, city attorney, or state Attorney General). must file this notice either: • Within 20 days after you file your notice of11 If I file a notice of appeal, do I still have appeal; or, if it is later, to go to jail or complete other parts of _____________________________________________________________________________my punishment? Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 3 of 9 for Misdemeanor

appeal; or, if it is later, to go to jail or complete other parts of

_____________________________________________________________________________my punishment? Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 3 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors prepared from that recording; or if the court has a • Within 10 days after the court decides whether local rule permitting this and you and the to appoint a lawyer to represent you (if you ask respondent (the prosecuting agency) agree the court to appoint a lawyer within 20 days (“stipulate”) to this, you can use the official after you file your notice of appeal). electronic recording itself as the record, instead of a transcript. c. You can use a statement on appeal. 13 In what cases does the appellate division need a record of what was Read below for more information about these options. said in the trial court? a. Reporter’s transcript You do not have to send the appellate division a record When available: In some misdemeanor cases, a of what was said in the trial court. But if you want to court reporter is there in the trial court and makes raise any issue in your appeal that would require the a record of the oral proceedings. If a court reporter appellate division to consider what was said in the trial made a record of your case, you can ask to have court, the appellate division will need a record of these the court reporter prepare a transcript of those oral oral proceedings. For example, if you are claiming that proceedings, called a “reporter’s transcript.” You there was not substantial evidence supporting the should check with the trial court to see if a court judgment, order, or other decision you are appealing, the reporter made a record of your case before you appellate division will need a record of the oral choose this option. Some courts also have local proceedings. Since the appellate division judges were rules that establish procedures for deciding not there for the proceedings in the trial court, an official whether a statement on appeal or a transcript of record of these oral proceedings must be prepared and only some of the oral proceedings will be a good sent to the appellate division for its review. enough record to consider the issues you are raising on appeal. You should check whether the Depending on what form of the record you choose to court has such a local rule. use, you will be responsible for paying to have the official record of the oral proceedings prepared (unless Cost: Ordinarily, the appellant must pay for you are indigent) or for preparing an initial draft of this preparing a reporter’s transcript. The court record yourself. If you do not take care of these reporter will provide the clerk of the trial court responsibilities, a record of the oral proceedings in the with an estimate of the cost of preparing the trial court will not be prepared and sent to the appellate transcript and the clerk will notify you of this division. If the appellate division does not receive this estimate. If you want the reporter to prepare a record, it will not be able to consider what was said in transcript, you must deposit this estimated amount the trial court in deciding whether a legal error was made or one of the substitutes allowed under rule 8.866 and it may dismiss your appeal. with the clerk within 10 days after the clerk sends you the estimate. However, under rule 8.866 you 14 What are the different forms of the can decide to use a different form of the record or record? take other action instead of proceeding with a reporter’s transcript.There are three ways a record of the oral proceedings in the trial court can be prepared and provided to the If, however, you are indigent (you cannot afford toappellate division in a misdemeanor case: pay the cost of a repo

reporter’s transcript.There are three ways a record of the oral proceedings in the trial court can be prepared and provided to the If, however, you are indigent (you cannot afford toappellate division in a misdemeanor case: pay the cost of a reporter’s transcript), you may be a. If a court reporter was there during the trial court able to get a free transcript. If you were proceedings, the reporter can prepare a record represented by the public defender or another called a “reporter’s transcript.” court-appointed lawyer in the trial court, you are automatically considered indigent. If you were not b. If the proceedings were officially electronically represented by a court-appointed lawyer in the recorded, the trial court can have a transcript trial court, you can complete and file Defendant’s

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 4 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors Financial Statement on Eligibility for Appointment see if your case was officially electronically of Counsel and Reimbursement and Record on recorded before you choose this option. As with Appeal at Public Expense (form CR-105), to show reporter’s transcripts, some courts also have local that you are indigent. You can get form CR-105 at rules that establish procedures for deciding any courthouse or county law library or online at whether a statement on appeal or a transcript of www.courts.ca.gov/forms. The court will review only some of the oral proceedings will be a good this form to decide whether you are indigent. enough record to consider the issues you are raising on appeal. You should check whether the If the court finds that you are indigent, a court court has such a local rule. reporter made a record of your case, and you show that you need a transcript, the court must provide If the court has a local rule for the appellate you with a free transcript. Whether you need a division permitting this and all the parties agree transcript depends on the issues you are raising on (“stipulate”), a copy of the official electronic appeal. If the issues you are raising on appeal recording itself can be used as the record of the include that there was not substantial evidence oral proceedings instead of preparing a transcript. supporting the judgment, order, or other decision You should check with the trial court to see if your you are appealing or that there was misconduct in case was officially electronically recorded and your case that harmed you, that is generally check to make sure there is a local rule permitting enough to show that you need a transcript. If you the use of the recording itself before choosing this ask for a reporter’s transcript, the court may ask option. If you choose this option, you must attach you what issues you are raising on appeal and may a copy of your agreement with the other parties decide that a statement on appeal or a transcript of (called a “stipulation”) to your notice regarding only some of the oral proceedings will be a good the oral proceedings. enough record to consider the issues you are raising. Cost: Ordinarily, the appellant must pay for preparing a transcript or making a copy of the If the court finds that you are not indigent, it will official electronic recording. The court will send send you a notice and you will have a chance to you an estimate of the cost for this transcript or the pick another form of the record or take other copy of the electronic recording. If you still want actions listed in rule 8.866. this transcript or recording, you must deposit this amount with the court. However, you can also Completion and delivery: Once you deposit the choose to use a statement on appeal instead, or estimated cost of the transcript or one of the take one of the other actions listed in rule 8.868. substitutes allowed under rule 8.866 or show the court you are indigent and need a transcript, the If, however, you are indigent (you cannot afford to clerk will notify the reporter to prepare the pay the cost of the transcript or recording), you transcript. When the reporter completes the may be able to get a free transcript or recording. If transcript, the clerk will send the reporter’s you were represented by the public defender or transcript to the appellate division along with the another court-appointed attorney in the trial court, clerk’s transcript. you are automatically considered indigent. If you were not represented by a court-appointed lawyer b. Official electronic recording or transcript in the trial court, you can complete and file from an official recording Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and When available: In some misdemeanor cases, the Record on Appeal at Public Expense (form trial court proceedings are officially recorded on CR-105) to show that you are indigent. You can approved electronic recording equipment. If your get form CR-105 at any courthouse or county law case was officially recorded, you can ask to have a library or online at www.courts.ca.gov/forms. The transcript prepared from that official electronic court will review this form to decide whether you recording. You should check with the trial court to are indigent.

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 5 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors the trial court (please note that it may take more of If you are indigent, an official electronic recording your time to prepare a statement on appeal than to of your case was made, and you show that you use either a reporter’s transcript or electronic need a transcript, the court must provide you with recording, if they are available). a free transcript. As with reporter’s transcripts, whether you need a transcript depends on the Contents: A statement on appeal must include: issues you are raising on appeal. If the issues you • A statement of the points you (the appellant) are raising on appeal include that there was not are raising on appeal; substantial evidence supporting the judgment, order, or other decision you are appealing or that • A summary of the trial court’s rulings and there was misconduct in your case that harmed judgment; and you, that is generally enough to show that you • A summary of the testimony of each witness need a transcript. If you ask for a transcript, the and other evidence that is relevant to the court may ask you what issues you are raising on issues you are raising on appeal. appeal and may decide that a statement on appeal or a transcript of only some of the oral (See rule 8.869 of the California Rules of Court proceedings will be a good enough record to for more information about what must be included consider the issues you are raising. in a statement on appeal and the procedures for preparing a statement. You can get this rule at any If the court finds that you are not indigent, it will courthouse or county law library or online at send you a notice and you will have a chance to www.courts.ca.gov/rules.htm.) use a statement on appeal instead or take one of the other actions listed in rule 8.868. Preparing a proposed statement: If you choose to use a statement on appeal, you must prepare a Completion and delivery: Once you deposit the proposed statement. If you are not represented by estimated cost of the transcript or the official a lawyer, you must use Proposed Statement on electronic recording with the clerk or show the Appeal (Misdemeanor) (form CR-135) to prepare court you are indigent and need a transcript, the your proposed statement. You can get form clerk will have the transcript or copy of the CR-135 at any courthouse or county law library or recording prepared. When the transcript is online at www.courts.ca.gov/forms. completed or the copy of the official electronic recording is prepared, the clerk will send the Serving and filing a proposed statement: You transcript or recording to the appellate division must serve and file your proposed statement in the along with the clerk’s transcript. trial court within 20 days after you file your notice regarding the record of the oral proceedings.c. Statement on appeal “Serve and file” means that you must: Description: A statement on appeal is a summary • Have somebody over 18 years old who is not a of the trial court proceedings approved by the trial party to the case—so not you—mail or deliver court judge who conducted those proceedings (the (“serve”) a copy of the proposed statement to term “judge” includes commissioners and the prosecuting attorney and any other party in temporary judges). the way required by law.

When available: If the trial court proceedings • Make a record that the proposed statement has
were not recorded either by a court reporter or by been served. This record is called a “proof of
official electronic recording equipment, or if you service.” Proof of Service (Appellate Division)
do not want to use either of these forms of the (form APP-109) can be used to make this
record, you can choose (“elect”) to use a statement record. The proof of service must show who
on appeal as the record of the oral proceedings in

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 6 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors served the proposed statement, who was Sending the statement to appellate division: Once served with the proposed statement, how the the trial court judge certifies the statement on proposed statement was served (by mail or in appeal, the trial court clerk will send the statement person), and the date the proposed statement to the appellate division along with the clerk’s was served. transcript.

• File the original proposed statement and the 15 Is there any other part of the record
proof of service with the trial court. You that needs to be sent to the appellate
should make a copy of the proposed statement division? you are planning to file for your own records
before you file it with the court. It is a good Yes. There are two other parts of the official record that
idea to bring or mail an extra copy of the need to be sent to the appellate division:
proposed statement to the clerk when you file • Documents filed in the trial court: The trial court your original and ask the clerk to stamp this clerk is responsible for preparing a record of the copy to show that the original has been filed. written documents filed in your case, called a
“clerk’s transcript,” and sending this to the appellate You can get more information about how to serve division. (The documents the clerk must include in court papers and proof of service from What Is this transcript are listed in rule 8.861 of the Proof of Service? (form APP-109-INFO) and on California Rules of Court. You can get a copy of this the California Courts Online Self-Help Center at rule at any courthouse or county law library or www.courts.ca.gov/selfhelp-serving.htm. online at www.courts.ca.gov/rules.htm.)
Review and modifications: The prosecuting • Exhibits submitted during trial: Exhibits, such as attorney and any other party have 10 days from the photographs, that were admitted in evidence, date you serve your proposed statement to serve refused, or lodged (temporarily placed with the and file proposed changes (called “amendments”) court) in the trial court are considered part of the to this statement. The trial court judge then record on appeal. If you want the appellate division reviews both your proposed statement and any to consider such an exhibit, however, you must ask proposed amendments filed by the prosecuting the trial court clerk to send the original exhibit to the attorney and any other party. The judge will then appellate division within 10 days after the last make or order you to make any corrections or respondent’s brief is filed in the appellate division. modifications to the statement needed to make (See rule 8.870 of the California Rules of Court for sure that the statement provides a complete and more information about this procedure. You can get accurate summary of the relevant testimony and a copy of this rule at any courthouse or county law other evidence. library or online at www.courts.ca.gov/rules.)
Sometimes, the trial court returns an exhibit to a Completion and certification: If the judge makes party at the end of the trial. If the trial court returned or orders you to make any corrections or an exhibit to you or another party and you or the modifications to the proposed statement, the other party ask for the exhibit to be sent to the corrected or modified statement will be sent to appellate division, the party who has the exhibit you, the prosecuting attorney, and any other party must deliver that exhibit to the appellate division as for your review. If you disagree with anything in soon as possible. the judge’s statement, you will have 10 days from
the date the statement is sent you to serve and file
objections to the statement. The judge then
reviews any objections, makes any additional
corrections to the statement, and certifies the
statement as a complete and accurate summary of
the relevant testimony and other evidence.

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 7 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors

16 What happens after the record is • Make a record that the brief has been served. This prepared? record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) can be used to As soon as the record of the oral proceeding is ready, the make this record. The proof of service must show clerk of the trial court will send it to the appellate who served the brief, who was served with the brief, division along with the clerk’s transcript. When the how the brief was served (by mail or in person), and appellate division receives this record, it will send you a the date the brief was served. notice telling you when you must file your brief in the appellate division. • File the original brief and the proof of service with the appellate division. You should make a copy of 17 the brief you are planning to file for your own What is a brief? records before you file it with the court. It is a good idea to bring or mail an extra copy of the brief to theA brief is a party’s written description of the facts in the clerk when you file your original and ask the clerk tocase, the law that applies, and the party’s argument about stamp this copy to show that the original has beenthe issues being appealed. If you are represented by a filed.lawyer in your appeal, your lawyer will prepare your brief. If the appellate division has permitted you to You can get more information about how to serve courtrepresent yourself, you will have to prepare your brief papers and proof of service from What Is Proof ofyourself. You should read rules 8.880–8.891 of the Service? (form APP-109-INFO) and atCalifornia Rules of Court, which set out the www.courts.ca.gov/selfhelp-serving.htm.requirements for preparing, serving, and filing briefs in misdemeanor appeals, including requirements for the If you do not file your brief by the deadline set by theformat and length of those briefs. You can get copies of appellate division, the court may dismiss your appeal.these rules at any courthouse or county law library or online at www.courts.ca.gov/rules.htm. 18 What happens after I file my brief? Contents: If you are the appellant (the party who is Within 30 days after you serve and file your brief, theappealing), your brief, called the “appellant’s opening respondent (the prosecuting agency) may, but is notbrief,” must clearly explain what you believe are the required to, respond by serving and filing a respondent’slegal errors made in the trial court. Your brief must refer brief. If the respondent does not file a brief, the appellantto the exact places in the clerk’s transcript and the does not automatically win the appeal. The court willreporter’s transcript (or other record of the oral decide the appeal on the record, the appellant’s brief, andproceedings) that support your argument. Remember any oral argument by the appellant.that an appeal is not a new trial. The appellate division will not consider new evidence, such as the testimony of If the respondent serves and files a brief, within 20 daysnew witnesses or new exhibits, so do not include any after the respondent’s brief was served, you may, but arenew evidence in your brief. not required to, serve and file another brief replying to the respondent’s brief. This is called a “reply brief.”Serving and filing: You must serve and file your brief in the appellate division by the deadline the court set in the 19 What happens after all the briefs havenotice it sent you, which is usually 30 days after the been filed?record is filed in the appellate division. “Serve and file” means that you must: Once all the briefs have been served and filed or the time • Have somebody over 18 years old who is not a party to serve and file them has passed, the court will notify to the case—so not you—mail or deliver (“serve”) you of the date for oral argument in your case unless the brief to the respondent (the prosecuting agency) your case presents no arguable issues for the court to and any other party in

nd filed or the time • Have somebody over 18 years old who is not a party to serve and file them has passed, the court will notify to the case—so not you—mail or deliver (“serve”) you of the date for oral argument in your case unless the brief to the respondent (the prosecuting agency) your case presents no arguable issues for the court to and any other party in the way required by law.

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 8 of 9 for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors consider. If your case presents no arguable issues, the court will not hold oral argument. What should I do if I want to give 22 20 up my appeal? What is oral argument? “Oral argument” is the parties’ chance to explain their If you decide you do not want to continue with your arguments to the appellate division judges in person. appeal, you must file a written document with the You do not have to participate in oral argument if you do appellate division notifying it that you are giving up (this not want to; you can notify the appellate division that is called “abandoning”) your appeal. You can use you want to “waive” (give up) oral argument by serving Abandonment of Appeal (Misdemeanor) (form CR-137) and filing a notice within 7 days after the notice of oral to file this notice in a misdemeanor case. You can get argument was sent by the court. You can use Notice of form CR-137 at any courthouse or county law library or Waiver of Oral Argument (Misdemeanor) (form online at www.courts.ca.gov/forms.htm. CR-138) to waive oral argument. If you decide not to continue your appeal and it is If all parties waive oral argument, and the appellate dismissed, you will (with only very rare exceptions) division approves the waiver and takes the oral argument permanently give up the chance to raise any objections off calendar, the judges will decide your appeal based on to your conviction, sentence, or other matter that you the briefs and the record that were submitted. But if one could have raised on the appeal. If you were released party waives oral argument and another party or parties from custody with or without bail or your sentence or do not, the appellate division will hold oral argument any probation conditions were stayed during the appeal, with any party or parties who choose to participate, you may be required to start serving your sentence or including any party who asked to waive oral argument. complying with your probation conditions immediately after your appeal is dismissed. If you choose to participate in oral argument, each party will have up to 10 minutes for argument, unless the court orders otherwise. If the appellate division has permitted you to represent yourself, remember that the judges will already have read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in your appeal or ask the judges if they have any questions you could answer.

21 What happens after oral argument?

After the oral argument is held (or all parties waive oral argument and the court approves the waiver), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after oral argument (or the date its waiver was approved) to decide the appeal. The clerk of the court will mail you a notice of that decision.

---

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 9 of 9 for Misdemeanors

Notice of Appeal Clerk stamps date here when form is filed. CR-132 (Misdemeanor)

Instructions

• This form is only for appealing in a misdemeanor case. You can get other forms for appealing in a civil or infraction case at any courthouse or county law library or online at www.courts.ca.gov/forms.

• Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and You fill in the name and street address of the court responsibilities. You can get form CR-131-INFO at any courthouse or that issued the judgment or order you are appealing: county law library or online at www.courts.ca.gov/forms. Superior Court of California, County of

• You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.853(b) of the California Rules of Court for very limited exceptions). If your notice of appeal is late, the court will not take your appeal. You fill in the number and name of the trial court case in which you are appealing the judgment or • Fill out this form and make a copy of the completed form for your records. order: Trial Court Case Number:

• Take or mail the completed form to the clerk’s office for the same trial court that issued the judgment or order you are appealing. It is a good idea to take Trial Court Case Name: or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. You fill in the appellate division case number (if you know it): 1 Your Information Appellate Division Case Number: a. Name of appellant (the party who is filing this appeal): Name: b. Appellant’s contact information (required): Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail: c. Appellant’s lawyer in the trial court proceedings: The lawyer filling out this form is is not representing the appellant in this appeal.

If a court-appointed lawyer on appeal is being requested, see item 4 .

Name: State Bar number: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail: Fax:

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form Notice of Appeal CR-132, Page 1 of 2 Cal. Rules of Court, rules 8.852, 8.853 (Misdemeanor)

Trial Court Case Number:

Trial Court Case Name:

2 Judgment or Order You Are Appealing I am/My client is appealing (check one): a. The final judgment of conviction in this case (Pen. Code, § 1466(b)(1)). I am/My client is contesting only the conditions of the probation. b. The following order made after the judgment in this case that affects an important right of mine/my client (for example, an order after a probation violation) (Pen. Code, § 1466(b)(1)). An order modifying the conditions of probation. Other (describe the action you are appealing and give the date the trial court took the action):

c. The trial court has not yet issued a final judgment in this case. I am appealing before final judgment an order
that denied a motion to suppress evidence in this case (Pen. Code, § 1538.5(j)).

d. Other action (describe the action you are appealing and give the date the trial court took the action):

3 Record on Appeal (See form CR-131-INFO for information about the record on appeal.) a. I have attached a completed Notice Regarding Record on Appeal (Misdemeanor) (form CR-134). b. I have not attached a Notice Regarding Record on Appeal (Misdemeanor) (form CR-134). I understand that I must file this notice in the trial court within either (1) 20 days after I file this notice of appeal or, if it is later, (2) 10 days after the court appoints a lawyer for me (if I file a request for a court-appointed lawyer within 20 days after I file my notice of appeal). I also understand that if I do not file the notice on time, the court will not be able to consider what was said in the trial court in deciding whether an error was made in the trial court proceedings. In addition, I understand that if I am represented by a court-appointed lawyer and I do not file the notice regarding the record on time, the court may appoint a new lawyer. If I represent myself or hire a lawyer to represent me, and I do not file the notice regarding the record on time, the court may dismiss my appeal.

4 Court-Appointed Lawyer a. Do you/Does your client want to be represented by a court-appointed lawyer in this appeal? (Answer yes or no.)

Yes. Complete and attach Request for Court-Appointed Lawyer in Misdemeanor Appeal (form CR-133). No. b. Were you/Was your client represented by the public defender or other court-appointed lawyer in the trial court? (Answer yes or no.) Yes. No. If you answered yes to 4a, complete and attach Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105). REMINDER—Except in the very limited circumstances listed in rule 8.853, you must file this form no later than 30 days after the trial court issued the judgment or order you are appealing in your case. If your notice of appeal is late, the court will not take your appeal. Date:

Type or print your name Signature of appellant or attorney

Revised January 1, 2020 Notice of Appeal CR-132, Page 2 of 2 (Misdemeanor)

Request for Court-Appointed Clerk stamps date here when form is filed. CR-133 Lawyer in Misdemeanor Appeal

Instructions

• This form is only for requesting that the court appoint a lawyer to represent a defendant in a misdemeanor appeal.

• Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. You fill in the name and street address of the court that issued the judgment or order you are • The court is required to appoint a lawyer to represent you if you are indigent appealing: (you cannot afford to pay for a lawyer) and: Superior Court of California, County of

(1) You were convicted and your punishment includes going to jail or
paying a fine of more than $500 (including penalty and other
assessments); or

(2) You are likely to suffer other negative consequences from the
conviction (for example, immigration problems or inability to get or You fill in the number and name of the trial court
case in which you are appealing the judgment or
keep a license or permit); or order:
(3) You have not been convicted but you are likely to suffer significant Trial Court Case Number:
harm if you lose the appeal.

• Fill out this form and make a copy of the completed form for your records. Trial Court Case Name: • Take or mail the completed form to the clerk’s office for the same trial court where the notice of appeal was filed. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has You fill in the appellate division case number (if been filed. you know it): Appellate Division Case Number:

1 Your Information

a. Name of Defendant (the party who is filing this request):
Name:

Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: Email:

b. Defendant’s lawyer (skip this if the defendant is filling out this form): Name: State Bar number: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: Email: Fax:

Judicial Council of California, www.courts.ca.gov CR-133, Page 1 of 2Revised September 1, 2020, Optional Form Request for Court-Appointed Lawyer in Cal. Rules of Court, rule 8.851 Misdemeanor Appeal

Trial Court Case Number:

Trial Court Case Name:

Information About Your Case

2 Were you/was your client represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case? (Check a or b.)

a. Yes
b. No (Complete and attach Defendant's Financial Statement on Eligibility for Appointment of Counsel and
Reimbursement and Record on Appeal at Public Expense (form MC-210) showing that you/your client
cannot afford to hire a lawyer. You can get form MC-210 at any courthouse or county law library or online
at www.courts.ca.gov/forms.)

3 If you have been convicted, describe the punishment the trial court gave you/your client in this case (check all that apply and fill in any required information):

a. Jail time

b. A fine (including penalty and other assessments) (fill in the amount of the fine): $

c. Restitution (fill in the amount of the restitution): $

d. Probation (fill in the amount of time on probation):

e. Other punishment (describe any other punishment that the trial court gave you/your client in this case):

f. Describe any other negative consequences that you are/your client is likely to suffer because of this conviction:

4 If you have not been convicted, describe the order being challenged on appeal:

Notice to Defendant: If you were represented by appointed counsel in the trial court and the trial court finds that you are able to pay all or part of the cost of that counsel, at the conclusion of the proceedings, the court may also determine after a hearing whether you are able to pay all or a portion of the cost of any attorney appointed to represent you in this appeal. If the court determines that you are at that time able to pay, the court will order you to pay all or part of such cost. Such orders will have the same force and effect as a judgment in a civil action and will be subject to enforcement.

Date:

Type or print name Signature of defendant or attorney

Revised September 1, 2020 Request for Court-Appointed Lawyer in CR-133, Page 2 of 2 Misdemeanor Appeal

Notice Regarding Record on Appeal Clerk stamps date here when form is filed. CR-134 (Misdemeanor)

Instructions

• This form is only for giving the court notice about the record on appeal in a misdemeanor case.

• Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. You fill in the name and street address of the court that issued the judgment or order you are appealing: • This form can be filed with your notice of appeal. If it is not filed with your Superior Court of California, County of notice of appeal, this form must be filed within either:

(1) 20 days after you file your notice of appeal, or, if it is later

(2) 10 days after the court appoints a lawyer to represent you on appeal (if you file a request for a court-appointed lawyer within 20 days after you file your notice of appeal). You fill in the number and name of the trial court case in which you are appealing the judgment or order: • Fill out this form and make a copy of the completed form for your records. Trial Court Case Number:

• Take or mail the completed form to the clerk’s office for the same trial court where you filed your notice of appeal. It is a good idea to take or mail an Trial Court Case Name: extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. You fill in the appellate division case number (if you know it): 1 Your Information Appellate Division Case Number: a. Name of appellant (the party who is filing this appeal): Name:

b. Appellant’s contact information (required):

Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: E-mail:

c. Appellant’s lawyer in the trial court proceedings:
The lawyer filling out this form is is not representing the appellant in this appeal.

Name: State Bar number: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail: Fax:

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form Notice Regarding Record on Appeal CR-134, Page 1 of 4 Cal. Rules of Court, rules 8.831, 8.860 (Misdemeanor)

Trial Court Case Number:

Trial Court Case Name:

Information About Your Appeal

2 On (fill in the date): I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form.

Your Choices About the Record on Appeal

Stipulation for Limited Record

3 The respondent and I/my client have agreed (“stipulated”) under rule 8.860 that parts of the normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts of the record that are not required is attached.

Record of Oral Proceedings

You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the trial court proceedings in deciding whether a legal error was made in those proceedings.

4 I elect (choose)/My client elects to proceed (check a or b): a. WITHOUT a record of the oral proceedings in the trial court (skip item 5 ; sign and date this form). I understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a legal error was made.

(Write initials here):

b. WITH a record of the oral proceedings in the trial court (complete item 5 below). I understand that if I elect
(choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I
want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appellate division does not
receive this record, I am not likely to succeed in my appeal.
(Write initials here):

Revised January 1, 2020 Notice Regarding Record on Appeal CR-134, Page 2 of 4 (Misdemeanor)

Trial Court Case Number:

Trial Court Case Name:

5 I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one — a, b, c, or d):

a. Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who
made a record of what was said in court. Check with the trial court to see if there was a court reporter in
your case before choosing this option. Some courts also have local rules that establish procedures for
determining whether only a portion of a reporter’s transcript or a different form of the record will be
sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and
complete (1), (2) or (3).)
(1) Within 10 days of when I receive the court reporter's estimate of the cost of this transcript, I will file a
certified transcript of all the proceedings required by rule 8.865 that complies with rule 8.144.
(2) I will pay the trial court clerk’s office for the reporter’s transcript myself within 10 days of when I
receive the court reporter’s estimate of the costs of this transcript. Alternatively, I will pay the reporter
directly and file with the trial court a written waiver of deposit signed by the reporter. I understand that
if I do not pay for this transcript, it will not be prepared and provided to the appellate division.
(3) I am asking that the reporter’s transcript be prepared at no cost to me because I cannot afford to pay this
cost.
(a) I was represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case.
(b) I was not represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case, but I have completed and attached Defendant’s Financial Statement on
Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form CR-105). (You can get form CR-105 at any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a
reporter’s transcript at no cost to you.)

OR
b. Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. Some courts also have local rules
that establish procedures for determining whether only a portion of a transcript or a different form of the
record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.
(Check and complete (1) or (2).)

(1) I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this
transcript, it will not be prepared and provided to the appellate division.

(2) I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost.

(a) I was represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case.

(b) I was not represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case, but I have completed and attached Defendant’s Financial Statement on
Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form CR-105). (You can get form CR-105 at any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a
transcript at no cost to you.)

Revised January 1, 2020 Notice Regarding Record on Appeal CR-134, Page 3 of 4 (Misdemeanor)

Trial Court Case Number:

Trial Court Case Name:

5 (continued) OR c. Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the court proceedings, and you and the respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the record of what was said in your case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the respondent to this notice. (Check and complete (1) or (2).)

(1) I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I
do not pay for this recording, it will not be prepared and provided to the appellate division.

(2) I am asking that this official electronic recording be provided at no cost to me because I cannot afford to
pay this cost.
(a) I was represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case.

(b) I was not represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case, but I have completed and attached Defendant’s Financial Statement on
Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form CR-105). (You can get form CR-105 at any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a copy of
the official electronic recording at no cost to you.)

OR

d. Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-131-INFO for information about preparing a proposed statement. (Check and
complete (1) or (2).)

(1) I have attached my proposed statement on appeal to this notice. (If you are not represented by a lawyer
in this appeal, you must use Proposed Statement on Appeal (Misdemeanor) (form CR-135) to prepare
and file this proposed statement. You can get form CR-135 at any courthouse or county law library or
online at www.courts.ca.gov/forms.)

(2) I have NOT attached my proposed statement on appeal to this notice. I understand that I must serve and
file this proposed statement in the trial court within 20 days of the date I file this notice. I understand
that if I do not serve and file the proposed statement on time, and if I am represented by a court-
appointed lawyer, the court may appoint a new lawyer. If I represent myself or hire a lawyer to represent
me, and I do not serve and file the proposed statement on time, the court may dismiss my appeal.

Date:

Type or print your name Signature of appellant or attorney

Revised January 1, 2020 Notice Regarding Record on Appeal CR-134, Page 4 of 4 (Misdemeanor)

Proposed Statement on Appeal Clerk stamps date here when form is filed. CR-135 (Misdemeanor)

Instructions • This form is only for preparing a proposed statement on appeal in an Misdemeanor case.

• Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online www.courts.ca.gov/forms . • This form can be attached to your Notice Regarding Record on Appeal Youthat issuedfill in thethenamejudgmentand streetor orderaddressyou areof the court (Misdemeanor) (form CR-134). If it is not attached to that notice, this form appealing: must be filed no later than 20 days after you file that notice. If you have Superior Court of California, County of chosen to prepare a statement on appeal and do not file this form on time, the court may dismiss your appeal.

• Fill out this form and make a copy of the completed form for your records and for each of the other parties. • Serve a copy of the completed form on each of the other parties and keep Youcasefillin inwhichthe numberyou are andappealingname ofthethejudgmenttrial courtor proof of this service. You can get information about how to serve court order: papers and proof of service from What Is Proof of Service? (form Trial Court Case Number: APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. Trial Court Case Name: The People of the State of California • Take or mail the original completed form and proof of service on the other v. parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the You fill in the appellate division case number (if clerk and ask the clerk to stamp it to show that the original has been filed. you know it): Appellate Division Case Number:

1 Your Information a. Appellant (the party who is filing this appeal): Name: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: Email:

b. Appellant’s lawyer (skip this if the appellant is filling out this form):
The lawyer filling out this form (check (1) or (2)):
(1) was the appellant’s lawyer in the trial court. is the appellant’s lawyer for this appeal.
Name: State Bar number:
Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: Email:
Fax:

Judicial Council of California, www.courts.ca.gov Proposed Statement on Appeal CR-135 Page 1 of 7 Rev. January 1, 2021, Optional Form Cal. Rules of Court, rule 8.837 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

Information About Your Appeal

2 On (fill in the date): , I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form.

3 On (fill in the date): , I/my client filed a Notice Regarding Record on Appeal, choosing to use a statement on appeal as the record of what was said in this case.

Proposed Statement

4 Reasons for Your Appeal Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors were made in the trial court proceedings (read form CR-131-INFO to learn about these legal errors): • There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing. • A “prejudicial error” was made during the trial court proceedings. The appellate division: • Cannot retry your case or take new evidence. • Cannot consider whether witnesses were telling the truth or lying. • Cannot consider whether there was more or stronger evidence supporting your position than there was supporting the trial court’s decision. (Check all that apply and describe the legal error or errors you believe were made that are the reason for this appeal.)

a. There was not substantial evidence that supported the judgment, order, or other decision that I/my client
indicated in the notice of appeal is being appealed in this case. (Explain why you think the judgment, order,
or other decision was not supported by substantial evidence):

b. The following error or errors about either the law or court procedure was/were made that caused substantial
harm to me/my client. (Describe each error and how you were/your client was harmed by that error.)

(1) Describe the error:

Describe how this error harmed you/your client:

Rev. January 1, 2021 CR-135 Page 2 of 7 Proposed Statement on Appeal (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

4 b. (2) Describe the error:

Describe how this error harmed you/your client:

(3) Describe the error:

Describe how this error harmed you/your client:

Check here if you need more space to describe these or other errors and attach a separate page or pages describing the errors. At the top of each page, write “CR-135, item 4.”

5 The Charges Against Me/My Client

a. The charges against me/my client were (list all of the charges indicated on the citation or complaint filed with
the court by the prosecutor):

b. I/My client (check (1), (2), or (3))

(1) pleaded not guilty to all of the charges.

(2) pleaded guilty to only the following charges:

(3) pleaded guilty to all of these charges.

Rev. January 1, 2021 Proposed Statement on Appeal CR-135 Page 3 of 7 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

6 Summary of Any Motions and the Court's Order on the Motion a. Were any motions (requests for the trial court to issue an order) made in this case that are relevant to the reasons you gave in 4 for this appeal? Yes (fill out b) No (skip to 7 ) b. In the spaces below, describe any motions (requests for orders) that were made in the trial court that are relevant to the reasons you gave in 4 for this appeal. Write a complete and accurate summary of what was said at any hearings on these motions and indicate how the trial court ruled on these motions:

(1) Describe the first motion:

The motion was filed by the plaintiff defendant.

There was was not a hearing on this motion.

If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:

The trial court granted this motion did not grant this motion.
Other (describe any other action the trial court took concerning this motion):

Check here if you need more space to describe this motion and attach a separate page or pages
describing this motion. At the top of each page, write “CR-135, Item 6b(1).”

(2) Describe the second motion:

The motion was filed by the plaintiff defendant.

There was was not a hearing on this motion.

If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:

The trial court granted this motion. did not grant this motion.
Other (describe any other action the trial court took concerning this motion):

Check here if you need more space to describe this motion and attach a separate page or pages
describing this motion. At the top of each page, write “CR-135, item 6b(2).”

Rev. January 1, 2021 Proposed Statement on Appeal CR-135 Page 4 of 7 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

6 (3) Check here if any other motions were filed that are relevant to the reasons you gave in 4 for this appeal, and attach a separate page or pages describing each motion, identifying who made the motion and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of each page, write CR-135, item 6b(3).”

7 Summary of Testimony and Other Evidence

a. Was there a trial in your case?

No (skip items b, c, d, and e and go to item 8 )

Yes (complete items b, c, d, and e)
(1) Jury trial
(2) Trial by judge only

b. Did you/your client testify at the trial?

No
Yes (Write a complete and accurate summary of the testimony you/your client gave that is relevant to the
reasons you gave in 4 for this appeal. Include only what you actually said; do not comment or give your
opinion about what was said. Please indicate whether any objections were made concerning your/your
client’s testimony or any exhibits you/your client asked to present and whether these objections were
sustained.):

Check here if you need more space to summarize your/your client’s testimony and attach a separate
page or pages summarizing this testimony. At the top of each page, write “CR-135, Item 7b.”
c. Did an officer from the police department, sheriff’s office, or other government agency that charged you/your
client testify at the trial? (Check one):
No

Yes (complete items (1), and (2)):
(1) The name of the officer who testified is (fill in the officer’s name):

(2) This officer testified that (Write a complete and accurate summary of the officer’s testimony that is
relevant to the reasons you gave in 4 for this appeal. Include only what the officer actually said; do not
comment on or give your opinion about what the officer said. Please indicate whether any objections
were made concerning the officer’s testimony or any exhibits the officer asked to present and whether
these objections were sustained.):

Check here if you need more space to summarize this witness’s testimony and attach a separate page
or pages summarizing this testimony. At the top of each page, write “CR-135, Item 7c.”

Rev. January 1, 2021 Proposed Statement on Appeal CR-135 Page 5 of 7 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

7 d. Were there any other witnesses at the trial whose testimony is relevant to the reasons you gave in 4 for this appeal?

No
Yes (fill out (1)–(4)):

(1) The witness’s name is (fill in the witness’s name):

(2) The witness was was not an officer from the police department, sheriff's office, or other
government agency that charged me/my client.

(3) The witness testified on behalf of me/my client the prosecution.

(4) This witness testified that (Write a complete and accurate summary of the witness’s testimony that is
relevant to the reasons you gave in 4 for this appeal. Include only what the witness actually said; do not
comment on or give your opinion about what the witness said. Please indicate whether any objections were
made concerning this witness’s testimony or any exhibits this witness asked to present and whether these
objections were sustained.):

Check here if you need more space to summarize this witness’s testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-135, Item 7d.”

e. Check here if any other witnesses gave testimony at the trial that is relevant to the reasons you gave in 4
for this appeal. Attach a separate page or pages identifying each witness, whether the witness testified on
your/your client’s behalf or the prosecution’s behalf, summarizing the witness’s testimony that is relevant to
the reasons you gave in 4 for this appeal, and indicating whether any objections were made concerning the
witness’s testimony or any exhibits the witness asked to present and whether these objections were sustained.
At the top of each page, write “CR-135, item 7e.”

f. Summarize the evidence, other than testimony, that was given during the trial that is relevant to the reasons you
gave in 3 for this appeal. (Write a complete and accurate summary of the evidence given by both you and the
respondent. Include only the evidence given; do not comment on or give your opinion about this evidence.):

Check here if you need more space to summarize the evidence and attach a separate page or pages
summarizing the evidence. At the top of each page, write “CR-135, Item 7f.”

Rev. January 1, 2021 Proposed Statement on Appeal CR-135 Page 6 of 7 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

8 The Trial Court's Findings

a. I/My client was found guilty of the following offenses (list all of the offenses for which you were/your client
was found guilty):

b. I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your
client was found not guilty):

9 The Sentence

The trial court issued the following final judgment in this case (check all that apply and fill in any required
information):

a. Jail time (fill in the amount of time you are/your client is required to spend in jail):

b. A fine (including penalty and other assessments) (fill in the amount of the fine): $

c. Restitution (fill in the amount of the restitution): $

d. Probation (fill in the amount of time you are/your client is required to be on probation):

e. Other punishment (describe any other punishment that the trial court imposed in this case):

REMINDER: You must serve and file this form no later than 20 days after you file your notice regarding the oral proceedings. If you do not file this form on time, the court may dismiss your appeal.

Date:

Type or print your name Signature of appellant or attorney

Rev. January 1, 2021 Proposed Statement on Appeal CR-135 Page 7 of 7 (Misdemeanor)

Order Concerning Appellant's Clerk stamps date here when form is filed. CR-136 Proposed Statement on Appeal (Misdemeanor)

The court has received and reviewed the Proposed Statement on Appeal 1
(form CR-135) filed by the appellant on (fill in date):

The court makes the following order: 2

a. 7KH FRXUW FHUWLILHV WKDW SDUWV 5 WKURXJK 9 RI WKH VWDWHPHQW DV
SURSRVHG E\ WKH DSSHOODQW DUH DQ DFFXUDWH VXPPDU\ RI WKH
WHVWLPRQ\ DQG RWKHU HYLGHQFH WKDW LV UHOHYDQW WR WKH LVVXHV WKH
DSSHOODQW LQGLFDWHG LQ LWHP 4 DUH WKH UHDVRQ IRU WKLV DSSHDO Clerk fills in the name and street address of the
7KLV VWDWHPHQW LV UHDG\ WR EH VHQW WR WKH DSSHOODWH GLYLVLRQ court:
Superior Court of California, County of
b. Corrections are needed in order for parts 5 through 9 of the Orange
statement proposed by the appellant to be an accurate
summary of the testimony and other evidence that is relevant
to the issues the appellant indicated in item 4 are the reason
for this appeal.

(1) A modified statement is attached to this order. This Clerk fills in the number and name of the case
modified statement must be sent to the parties.
Trial Court Case Number:
(2) The appellant is ordered to prepare a statement
incorporating these modifications listed below and to serve
and file this modified statement. Trial Court Case Name:
The People of the State of California
v.
(a)

Clerk fills in the number below:

Appellate Division Case Number:

(b)

(c)

(3) More corrections than could be listed above were needed in order for parts 5 through 9 of the
statement proposed by the appellant to be an accurate summary of the testimony and other
evidence that is relevant to the issues the appellant indicated in item 4 are the reasons for this
appeal. A list of the required modifications is attached. The appellant is ordered to prepare a
statement incorporating those modifications and to serve and file this modified statement.

Judicial Council of California, www.courts.ca.gov Revised March 1, 2014, Optional Form Order Concerning Appellant's CR-136 Page 1 of 2 Cal. Rules of Court, rule 8.869(d) Proposed Statement on Appeal (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

c. The proposed statement does not contain the following material required by rule 8.869:

The appellant is ordered to prepare a new proposed statement that includes this material.

d. 7KH WULDO FRXUW SURFHHGLQJV LQ WKLV FDVH ZHUH UHSRUWHG E\ D FRXUW UHSRUWHU RU RIILFLDOO\ UHFRUGHG
HOHFWURQLFDOO\ XQGHU *RYHUQPHQW &RGH VHFWLRQ ,QVWHDG RI FRUUHFWLQJ WKLV VWDWHPHQW WKH FRXUW RUGHUV
XQGHU UXOH G % WKDW D WUDQVFULSW EH SUHSDUHG DV WKH UHFRUG RI WKHVH SURFHHGLQJV &KHFN WKH
FRXUW¶V ORFDO UXOHV WR PDNH VXUH WKH FRXUW KDV DGRSWHG D UXOH SURYLGLQJ WKDW WKLV RSWLRQ LV DYDLODEOH

e. This superior court has a local rule for the appellate division authorizing the use of an official electronic
recording as the record of the oral proceedings. The trial court proceedings in this case were officially
electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic
recording be prepared as the record of these proceedings at the court’s expense.

Date: Signature of trial court judicial officer

Revised March 1, 2014 Order Concerning Appellant's CR-136, Page 2 of 2 Proposed Statement on Appeal (Misdemeanor)

APP-109-INFO What Is Proof of Service?

When a document is electronically served, it must be
GENERAL INFORMATION served either by electronic transmission or by electronic
notification. “Electronic transmission” means sending

What does this information sheet cover? the document to the person’s electronic service address, an email address the person has given the This information sheet tells you how to fill out Proof of court and the other parties to the case for this purpose. Service (Appellate Division) (form APP-109) or Proof of “Electronic notification” means sending a notice to the Electronic Service (Appellate Division) (form APP- person with the exact name of the document and a 109E). This information sheet is not part of the proof of hyperlink—a link to a web address—at which the service and does not need to be copied, served, or filed. document may be viewed and downloaded.

1 What is “serving” a document? 2 What documents have to be served?

“Serving” a document on a person means having the Rule 8.817 of the California Rules of Court requires that document delivered to that person. The general before you file any document with the court in a case in requirements for serving documents are set out in the appellate division of the superior court, you must California Code of Civil Procedure sections 1010.6– serve one copy of the document on each of the other 1013a (you can get a copy of these laws at any county parties in the case and on anyone else when required by law library or online at www.leginfo.ca.gov.calaw.html). law (statute or rule of court). Other rules require that There are three main ways to serve documents: (1) by certain documents in cases in the appellate division be mail, (2) by personal delivery, or (3) by electronic served, including the notice of appeal and the notice service. designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For more When a document is served by mail, it must be put in a information about appeals in general and about these sealed envelope or package that is addressed to the documents, read Information on Appeal Procedures for person who is being served and that has the postage fully Limited Civil Cases (form APP-101-INFO), Information prepaid. The envelope then has to be deposited with the on Appeal Procedures for Misdemeanors (form CR-131- U.S. Postal Service by leaving it at a U.S. Postal Service INFO), and Information on Appeal Procedures for office or mail drop or at an office or business mail drop Infractions (form CR-141-INFO).) where the person serving the document knows the mail is picked up every day and deposited with the U.S. 3 Who can serve a document?Postal Service. When a document is personally delivered to a party who State law (the Code of Civil Procedure) says that a is represented by an attorney, the document must either document in a court case can only be served by a person be given directly to the attorney representing that party who is over 18 years old. Service by mail or by personal or the document can be placed in an envelope or package delivery must be by someone who is not a party in the addressed to the attorney and left with the receptionist at case; electronic service may be performed directly by a the attorney’s office or with a person who is in charge of party. the attorney’s office. When a document is personally If you are a party in a case and wish to serve documents served on a party who is not represented by an attorney, by mail or by personal delivery, you must have the document must either be given directly to the party someone else who is over 18 and who is not a party in or the document can be given to someone who is at least your case serve any documents in your case for you. 18 years old at the party’s residence between the hours You will need to give the person who is serving the of eight in the morning and six in the evening. document for you (the server) the names and addresses You may be able to serve a document electronically if of all the people who need to be served with that the person being served has agreed to accept electronic document. You will also need to give the server one service or if the court has ordered the person to accept copy of each document that needs to be served for each electronic service. The requirements for electronic person who is being served. service are set out in California Code of Civil Procedure section 1010.6.

---

Judicial Council of California, www.courts.ca.gov What Is Proof of Service? APP-109-INFO, Page 1 of 5 Rev. January 1, 2021, Optional Form Æ

APP-109-INFO What Is Proof of Service?

If you are serving documents electronically, you can do 6 How do I fill out the Proof of Service? so yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the These instructions are for Proof of Service (Appellate names and electronic service addresses of everyone who Division) (form APP-109), if you are serving the must be served, as well as the document to be served in a document by mail or personal delivery. If you are form that allows it to be electronically transmitted or serving the document electronically, please see 7 , made available by hyperlink. below, for instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP- 4 What is proof of service? 109E).

A “proof of service” shows the court that a document You can fill out most of the information on Proof of was served as required by the law. Rule 8.817 also Service (Appellate Division) (form APP-109) by copying requires a party who is filing a document with the court the information from the document you are serving in a case in the appellate division to attach a proof of before you serve that document. However, you should service to the document the party wants to file. You can not sign and date the form until after you have finished use Proof of Service (Appellate Division) (form APP- serving the document. By signing form APP-109, you 109) or Proof of Electronic Service (Appellate Division) are swearing, under penalty of perjury, that the (form APP-109E) to give the court this proof of service information that you put in the form is true and in any case in the appellate division of the superior correct. court. The server should follow the instructions below for completing the Proof of Service (Appellate Division) When you fill out the Proof of Service (Appellate (form APP-109) or Proof of Electronic Service Division) (form APP-109), you should print neatly or (Appellate Division) (form APP-109E). If another person use a typewriter. If you have Internet access, you can fill is serving the documents for you–as is required if the out the form online at www.courts.ca.gov/forms (use the document will be served by mail or personal delivery– “fillable” version of the form). tell the server to give you the original form when it is filled out and signed. You will need to attach the original Filling in the top section of form APP-109: proof of service to the document you want to file. First box, right side of form: Leave this box blank for theIf you are electronically filing the document, the proof of court’s use.service may also be filed electronically. However, the original signed proof of service must be kept by the Second box, right side of form: Fill in the name of theparty filing the document and produced upon request. county in which the case is filed and the street address of the court. You can copy this information from the first INFORMATION FOR THE SERVER page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand side of the form. 5 Who fills out the Proof of Service or Proof of Electronic Service? Third box, right side of form: Fill in the trial court case If you are the server (the person who serves a document name and number. You can copy this information from for a party in a court case), you must prepare and sign the first page of the document that you are serving. If the the proof of service. If you served the document by mail document you are serving is another Judicial Council or personal delivery, you can use Proof of Service form, this information will be in the third box on the (Appellate Division) (form APP-109) to prepare this right-hand side of the form. proof of service in any case in the appellate division. If you served the document electronically, you can use Fourth box, right side of form: Fill in the appellate Proof of Electronic Service (Appellate Division) (form division case number, if you know it. If this number is APP-109E) to prepare the proof of service. available, it will be on the first page of the document that you are serving. If the document you are serving is

---

Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 2 of 5 Æ

APP-109-INFO What Is Proof of Service?

another Judicial Council form, this number will be in the (a) Check box 4a(3)(a) if you are personally fourth box on the right-hand side of the form. depositing the document with the U.S. Postal Service, such as at a U.S. Post Office Filling in items 1–5: or U.S. Postal Service mailbox.

Items 1 and 2 : You are stating, under penalty of (b) Check box 4a(3)(b) if you are putting the perjury, that you are over the age of 18 and that you are document in the mail at your place of not a party in this court case. business.

Item 3 : Check one of the boxes and provide your home Once you have finished filling out these parts of the or business address. This information is important form, make one copy of Proof of Service (Appellate because, if you serve the document by mail, you must Division) (form APP-109) with this information live or work in the county from which the document was filled in for each person you are serving by mail. Put mailed. this copy of Proof of Service (Appellate Division) (form APP-109) in the envelope with the document Item 4 : Check or fill in the name of the document that you are serving. Seal the envelope and mail it as you you are serving. If the document you are serving is have indicated on the Proof of Service. another Judicial Council form, the name of the document is located on both the top and the bottom of the first page b. Check box 4b. If you personally delivered the of the form. If the document you are serving is not a documents. Remember, when a document is Judicial Council form, the name of the document should personally delivered to a party who is represented by be on the top of the first page of the document. an attorney, the document must either be given directly to the party’s attorney or the document can a. Check box 4a if you are serving the document by be placed in an envelope or package addressed to the mail. BEFORE YOU SEAL AND MAIL THE attorney and left with the receptionist at the ENVELOPE WITH THE DOCUMENT YOU ARE attorney’s office or with a person who is in charge of SERVING, fill in the following parts of the form. the attorney’s office. When a document is personally served on a party who is not represented by an (1) You are stating, under penalty of perjury, that attorney, the document must either be given directly you are putting one copy of the document you to the party or the document can be given to identified in item 4 in an envelope addressed to someone who is at least 18 years old at the party’s each person listed in 4a(2), sealing the envelope, residence between the hours of eight in the morning and putting first-class postage on the envelope. and six in the evening.

(2) Fill in the name and address of each person to For each person to whom you personally
whom you are mailing the document. You can delivered the document, fill in:
copy this information from the list of people to
be served or the envelopes provided by the party (a) The person’s name.
for whom you are serving the document. If you
need more space to list names and addresses, (b) The address at which you delivered the
check the box under item 4a(2) and attach a page document to this person.
listing them. At the top of the page, write
“APP-109, Item 4a.” (c) The date on which you delivered the
document to this person.
(3) Fill in the date you are mailing the document
and the city and state from which you are (d) The time at which you delivered the
mailing it. REMEMBER: You must live or work document.
in the county from which the document is
mailed. If you need space to list more names, addresses,
and delivery dates and times, check the box

---

Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 3 of 5 Æ

APP-109-INFO What Is Proof of Service?

under 4b. and attach a page listing this Third box, right side of form: Fill in the trial court case
information. At the top of the page, write number and name. You can copy this information from
“APP-109, Item 4b.” the first page of the document that you are serving. If the
document you are serving is another Judicial Council

Item 5 : At the bottom of the form, type or print your form, this information will be in the third box on the name, sign the form, and fill in the date that you signed right-hand side of that form. the form. By signing this form, you are stating under penalty of perjury that all the information you filled Fourth box, right side of form: Fill in the appellate in on Proof of Service (Appellate Division) (form APP- division case number, if you know it. If this number is 109) is true and correct. available, it will be on the first page of the document that you are serving. If the document you are serving is After you have finished serving the document and filled another Judicial Council form, this information will be in, signed, and dated Proof of Service (Appellate in the fourth box on the right-hand side of that form. Division) (form APP-109), give the original completed form to the party for whom you served the document. Filling in items 1–5:

How do I fill out the Proof of Electronic Item 1 : You are stating, under penalty of perjury, that

7 Service? you are over the age of 18.

You can fill out most of the information on Proof of Item 2 : Electronic Service (Appellate Division) (form APP- a. Check one of the boxes and provide your home or 109E) by copying the information from the document business address. you are serving before you serve that document. However, you should not sign and date the form until b. Fill in your electronic service address. This is the after you have finished serving the document. By address at which you have agreed to accept electronic signing form APP-109E you are swearing under service, usually an email address. penalty of perjury that the information you have put in the form is true and correct. Item 3 : Check or fill in the name of the document that you are serving. If the document you are serving is You can fill out the Proof of Electronic Service another Judicial Council form, the name of the document (Appellate Division) (form APP-109E) online at is located on both the top and the bottom of the first page www.courts.ca.gov/forms (use the “fillable” version of of the form. If the document you are serving is not a the form), or you can print it out and fill it in, printing Judicial Council form, the name of the document should neatly or using a typewriter. be on the top of the first page of the document.

Filling in the top section of form APP-109E: Item 4 : Fill in the name of each person served, and the name or names of the parties represented, if the person First box, right side of form: Leave this box blank for the served is an attorney. For each person served, fill in that court’s use. person’s electronic service address and the date you served the person. If you need more space to list Second box, right side of form: Fill in the name of the additional persons served, check the box under item 4 county in which the case is filed and the street address of b. and attach a page listing them, with their electronic the court. You can copy this information from the first service addresses and the date each person was served. page of the document that you are serving. If the At the top of the page, write “APP-109E, Item 4.” document you are serving is another Judicial Council form, this information will be in the second box on the When you have filled in the information in items 1–4, right-hand side of that form. create an electronic copy of the Proof of Electronic Service (Appellate Division) (form APP-109E) with this

---

Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 4 of 5 Æ

APP-109-INFO What Is Proof of Service?

information filled in. Transmit the filled-in form with the document you are serving to each person served.

Item 5 : At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on the Proof of Electronic Service (Appellate Division) (form APP-109E) is true and correct. If you are not the party for whom the documents are served, give the original completed Proof of Electronic Service (Appellate Division) (form APP-109E) to the party for whom you served the document.

If you are electronically filing the document that is served, the proof of service may also be filed electronically. However, the original signed proof of service must be kept by the party filing it and produced upon request.

---

Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 5 of 5

Clerk stamps date here when form is filed. Proof of Service APP-109 (Appellate Division)

Instructions • This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division. If you are serving a document electronically, please use Proof of Electronic Service (Appellate Division) (form APP-109E). • The person who serves (delivers) a document in this case and who fills out this form: Must be at least 18 years old You fill in the name and street address of the court that issued the decision that is being challenged in Must NOT be a party in this case this case: • Before you fill out this form, read What Is Proof of Service? (form Superior Court of California, County of APP-109-INFO) to understand your responsibilities. Orange

1 At the time I served the documents listed in 4 , I was at least 18 years old.

2 I am not a party in the case identified in the box on the right side of this page. You fill in the number and name of the trial court case in which the decision being challenged was issued: 3 My home business address is: Trial Court Case Number:

Street City State Zip
Trial Court Case Name:

4 I mailed or personally delivered the following document, as indicated below (check or fill in the name of the document you are serving and check and complete either a or b). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)
Other (write in the name of the document):

a. Service by Mail

(1) I put one copy of the document identified 4 in an envelope addressed to each person listed in (2),
sealed the envelope, and put first-class postage on the envelope.

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2017, Optional Form Proof of Service APP-109 Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

(2) The envelope or envelopes were addressed as follows:
(a) Name of person served:
Address on envelope:
Street City State Zip

(b) (Name of person served:

Address on envelope:
Street City State Zip
Check here if you mailed copies of the document identified in 4 to more people. Attach a
separate page listing the names and addresses on each additional envelope you mailed. Write
“APP-109, Item 4a” on the top of the page.

(3) I mailed the envelope or envelopes on (date): from (city):
(state): by depositing the envelope or envelopes (check one):
(a) With the U.S. Postal Service or
(b) At an office or business mail drop where I know the mail is picked up every day and deposited
with the U.S. Postal Service.

b. Service by Personal Delivery
I personally gave one copy of the document identified in 4 to each of the following people:
(1) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

(2) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

Check here if you gave copies of the document identified in 4 to more people. Attach a separate
page listing the names of each of these people, the address where you gave each of them the
document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the
top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

Rev. January 1, 2017 Proof of Service APP-109 Page 2 of 2 (Appellate Division)

Clerk stamps date here when form is filed. Proof of Electronic Service APP-109E (Appellate Division)

Instructions

• This form is only for providing proof that a document has been electronically served (delivered) in a proceeding in the superior court appellate division.

• The person who serves (delivers) a document in this case and who fills out this form must be at least 18 years old. You fill in the name and street address of the court that issued the decision that is being challenged in • Before you fill out this form, read What Is Proof of Service? (form this case: APP-109-INFO) to understand your responsibilities. Superior Court of California, County of Orange

1 At the time I served the documents listed in 3 , I was at least 18 years old.

2 a. My home business address is: You fill in the number and name of the trial court case in which the decision being challenged was issued:

Trial Court Case Number:
Street City State Zip

b. My electronic service address is: Trial Court Case Name:

3 I electronically served the following document, as indicated below (check or fill in the name of the document you are serving). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)

Other (write in the name of the document):

Judicial Council of California, www.courts.ca.gov New January 1, 2017, Optional Form Proof of Electronic Service APP-109E, Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

4 I electronically served the document checked in 3 as follows

a. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

b. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

Check here if you gave copies of the document listed in 3 to more people. Attach a separate page listing the names of these people, the names of parties represented if the person served is an attorney, the electronic service address used for each person served, and the date you electronically served the document. Write “APP-109E, Item 4” on top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

New January 1, 2017 Proof of Electronic Service APP-109E, Page 2 of 2 (Appellate Division)

MC-210 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PEOPLE OF THE STATE OF CALIFORNIA v.

DEFENDANT:

DEFENDANT'S FINANCIAL STATEMENT AND NOTICE TO DEFENDANT (check all that apply) ELIGIBILITY FOR APPOINTMENT OF COUNSEL REIMBURSEMENT FOR COST OF COURT-APPOINTED COUNSEL CASE NUMBER: ELIGIBILITY FOR RECORD ON APPEAL AT PUBLIC EXPENSE

1. a. Defendant's name: d. Date of birth: b. Other names used: e. Telephone number: f. Driver's license number: c. Address:

2. Defendant's present employment: a. Occupation: b. Name of employer: c. Address: d. Gross pay per month: $ week: $ day: $ e. Take-home pay per month: $ week: $ day: $ f. Name of union: g. Name of credit union:

3. If defendant is not now working, state the name and address of defendant's last employer and the last date defendant was employed. a. Name: b. Address: c. Last date of employment:

4. Defendant is is not married.

5. a. Spouse's name: d. Date of birth: b. Other names used: e. Telephone number: f. Driver's license number: c. Address:

6. Spouse's present employment a. Occupation: b. Name of employer: c. Address: d. Gross pay per month: $ week: $ day: $ e. Take-home pay per month: $ week: $ day: $ f. Name of union: g. Name of credit union:

7. If spouse is not now working, state the name and address of spouse's last employer and the last date spouse was employed. a. Name: b. Address: c. Last date of employment:

8. Dependents Name Address Relationship Aqe

Form Approved for Optional Use DEFENDANT'S FINANCIAL STATEMENT ON ELIGIBILITY FOR Pen. Code, § 987. 8 Judicial Council of California www.courtinfo.ca.gov MC-210 [Rev. January 1, 2009] APPOINTMENT OF COUNSEL AND REIMBURSEMENT AND RECORD ON APPEAL AT PUBLIC EXPENSE

MC-210 PEOPLE OF THE STATE OF CALIFORNIA v. CASE NUMBER: DEFENDANT:

OTHER MONTHLY INCOME9. Defendant Spouse
a. Unemployment and disability .............. $ a. Unemployment and disability .............. $
b. Social Security ..................................... $ b. Social Security ..................................... $
c. Welfare, TANF ................................... $ c. Welfare, TANF ................................... $
d. Veteran's benefits ................................. $ d. Veteran's benefits ................................. $
e. Worker's compensation ...................... $ e. Worker's compensation ...................... $
f. Child support payments ......................... $ f. Child support payments ......................... $
g. Spousal support payments ................... $ g. Spousal support payments ................... $
h. All other income not elsewhere listed ... $ h. All other income not elsewhere listed ... $

Total: $ Total: $

EXPENSES

10. Monthly expenses being paid by defendant alone or by defendant and spouse a. Rent or house payments ....................... $ f. Clothing and laundry ............................ $

    b. Car payments ..................................... $ g. Food ..................................................... $ c. Transportation payments ..................... $ h. Support payments ................................ $

    d. Medical and dental payments .............. $ i. Insurance payments ............................. $ e. Loan payments .................................... $ j. Other payments (union, taxes, utilities) ... $

    Total (a-j): $

11. Installment payments other than those listed in item 10. Name of Creditor MonthIy Payment Balance Owed

a. $ $ $ $ b. $ $ c. d. $ $ $ $ e. Total: $ Total: $ ASSETS 12. What do you own? (State value): a. Cash ............................................................................................................... $

b. House equity ................................................................................................. $
c. Cars, other vehicles and boat equity ............................................................. $
(List make, year, and license number of each)

d. Checking, savings, and credit union accounts ................................................. $
(List name and account number of each)

e. Other real estate equity ................................................................................ $

f. Income tax refunds due ................................................................................. $

g. Life insurance policies (ordinary life, face value) .......................................... $ Length of ownership
h. Other personal property (jewelry, furniture, furs, stocks and bonds, etc.) ...... $

Total: $

13. ELIGIBILITY FOR APPOINTMENT OF COUNSEL AND NOTICE TO DEFENDANT: If an attorney is appointed to represent you, the court will, at the conclusion of the criminal proceedings, after a hearing, make a determination of your ability to pay all or a portion of the cost of the attorney. If the court determines that you are at that time able to pay, the court will order you to pay all or part of such cost. Such an order will have the

same force and effect as a judgment in a civil action and will be subject to execution.

Declaration of Defendant

I declare under penalty of perjury that the foregoing is true and correct, and that I understand the notice contained in item 13, under

the laws of the state of California.

Date:

(Signature of Defendant)

MC-210 [Rev. January 1, 2009] DEFENDANT'S FINANCIAL STATEMENT ON ELIGIBILITY FOR Page 2 of 2 APPOINTMENT OF COUNSEL AND REIMBURSEMENT AND RECORD ON APPEAL AT PUBLIC EXPENSE