ARE THERE TIME LIMITATIONS WHEN FILING AN APPEAL OR HABEAS PETITION?
You have a right to appeal and the appellate court is required to consider the issues you raise as reasons to overturn your conviction. The appellate process begins with the filing of a Notice of Appeal and mandatory time deadlines apply. In a felony case in California, the Notice of Appeal must be filed within 60 days of the sentencing. In a misdemeanor case, the Notice of Appeal shall be filed within 30 days of the judgment. In federal court, the Notice of Appeal is required to be filed within 10 days of the sentencing. In all cases, the Notice of Appeal is to be filed in the trial court. The Court of Appeal will then set a briefing schedule. If the Notice of Appeal is not timely filed, in all probability the appellate court will refuse to consider your appeal. Sometimes your trial counsel will file a Notice of Appeal for you after the sentencing. You should ask that attorney to do so. But do not rely on this. Specifically, ask your trial attorney if he or she filed the Notice. If no
