Santa Barbara — CR-142

Source: https://www.courts.ca.gov/documents/cr142.pdf

Notice of Appeal and Record on Clerk stamps date here when form is filed. CR-142 Appeal (Infraction)

Instructions

• This form is only for appealing in an infraction case, such as a case about a traffic ticket. You can get other forms for appealing in a civil or misdemeanor 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 You fill in the name and street address of the court Infractions (form CR-141-INFO) to know your rights and responsibilities. that issued the judgment or order you are You can get form CR-141-INFO at any courthouse or county law library or appealing: 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 8.902(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 or mail an extra copy to the clerk and ask the clerk to stamp it to show that Trial Court Case Name: the original has been filed.

1 Your Information The clerk will fill in the number below: 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 CR-142, Page 1 of 4Revised January 1, 2020, Optional Form Notice of Appeal and Record on Appeal Cal. Rules of Court, rules 8.831, 8.901, 8.910 (Infraction)

Trial Court Case Number: Trial Court Case Name:

2 Judgment or Order You Are Appealing I am/My client is appealing (check a, b, or c): a. the final judgment of conviction in the case (Pen. Code, § 1466(b)(1)). The trial court issued (rendered) this judgment on (fill in the date):

b. an order made by the trial court after judgment that affects an important (substantial) right of mine/my client
(Pen. Code, § 1466(b)(2)).
The trial court issued (rendered) this order on (fill in the date):

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

Your Choices About the Record on Appeal Stipulation for Limited Record 3 The respondent and I/my client have agreed (“stipulated”) under rule 8.910 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. (At the top of each page write “CR-142, item 3.”) 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 an 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): 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. Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check and complete (1) or (2).)

Revised January 1, 2020 Page 2 of 4 Notice of Appeal and Record on Appeal CR-142, (Infraction)

Trial Court Case Number: Trial Court Case Name:

5 (continued) (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 (Infraction) (form CR-143) to prepare and file this proposed statement. You can get form CR-143 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 the prosecuting attorney if the prosecuting attorney appeared in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time, the court may proceed on the clerk’s transcript only. 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. 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 free transcript.)
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 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. 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 free copy of the official
electronic recording.)

Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 3 of 4 (Infraction)

Trial Court Case Number: Trial Court Case Name:

5 (continued) OR

d. 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 the 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.

Within 10 days of receiving the court reporter’s estimate of the cost of preparing the reporter’s transcript, I
will (check and complete one of the following):

(1) File with the trial court a certified transcript of all the proceedings required by rule
8.918.
(2) Pay for the transcript myself by depositing with the trial court an amount equal to the
estimated cost of the transcript.

(3) Pay the reporter directly and file with the trial court a written waiver of the deposit
that is signed by the reporter.
(4) Request a reporter’s transcript at no cost. I am asking that this transcript be provided
at no cost to me because I cannot afford to pay this cost. 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.)

I understand that if I do not pay for this transcript and I am not eligible for a reporter’s transcript at no cost,
the reporter’s transcript will not be prepared and provided to the appellate division.

Date:

Type or print your name Signature of appellant or attorney

Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 4 of 4 (Infraction) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form