Advice of Right to Appeal: When Court Must Give

After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of appeal to apply for leave to appeal in forma pauperis. There shall be no duty on the court to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of appeal on behalf of the defendant. NOTE: Section 120.30 is substantively the same as a portion of former Rule 32(a)(2). See also Fed. R. Crim. P. 32(a)(2). (The second sentence is based on an addition to Rule 32 proposed in 1973). See generally 8A Moore, Federal Practice &32.06 (1974). The right to appeal carries the right to appointment of counsel in appropriate cases. See § 1.11.