Title 8, Criminal Procedure
36 chapters · 428 sections in this title.
8 GCA § 130.10 Appeals Allowed in All Cases Except Violations
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An appeal may be taken in any criminal action in which the offense charged is not a violation. NOTE: Section 130 provides certain basic provisions relating to appeals which have been conformed generally to their federal or California counterparts. These provisions can be suppleme…
8 GCA § 130.15 Appeals Allowed by Defendant
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An appeal may be taken by the defendant: (a) From a final judgment of conviction. The commitment of a defendant by reason of mental illness, disease or defect shall be deemed to be a final judgment of conviction within the meaning of this Section. (b) From an order denying a moti…
8 GCA § 130.20 Appeals Allowed by Government
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(a) An appeal may be taken by the government from any of the following: (1) An order granting a new trial. (2) An order arresting judgment. (3) An order made after judgment, affecting the substantial rights of the government. (4) An order modifying the verdict on finding by reduc…
8 GCA § 130.25 Appeal by Government: No Stay of Judgment
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Favorable to Defendant. An appeal taken by the government in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed. NOTE: Section 130.25 is identical to former § 1242. See also Cal. Pen. Code § 1242 (same).
8 GCA § 130.30 Stay of Sentence When Defendant Appeals
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(a) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is released pursuant to § 40.85. If not stayed the court may recommend to the Director of Corrections that the defendant be retained at a place of confinement within the Territory for the perio…
8 GCA § 130.35 Appeal: How Taken: Form
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(a) An appeal from the Superior Court shall be taken by filing a notice of appeal with the clerk of the Superior Court within the time allowed by § 130.40. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of …
8 GCA § 130.40 Notice of Appeal: Times for Filing and Service
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The notice of appeal by a defendant shall be filed in the superior court within 10 days after the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be trea…
8 GCA § 130.45 Record on Appeal: Contents
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The record on appeal shall consist of the original papers in the trial court including any transcript of the testimony and shall be transmitted by the clerk of the trial court to the clerk of the appellate court within the time prescribed by appellate court rule.
8 GCA § 130.50 De Minimis Rule: Plain Error Rule
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(a) Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. (b) Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. NOTE: Section 130.50 is identical t…
8 GCA § 130.55 Exceptions Unnecessary: Objections Required;
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Exceptions. Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party at the time the ruling or order of the court is made or sought, makes known to the court the action whi…
8 GCA § 130.60 Actions Permitted of Appellate Court
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The appellate court may reverse, affirm or modify a judgment or order appealed from, or reduce the degree of the offense or the punishment imposed, and may set aside, affirm or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may,…
8 GCA § 130.65 Defendant: When to be Discharged Upon Reversal
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If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall, if he is in custody, direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was deposited instead of bail, that it be refunded to the d…
8 GCA § 130.70 Affirmance: Original Judgment Enforced
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If a judgment against the defendant is affirmed, the original judgment shall be enforced. NOTE: Section 130.70 is substantively the same as former § 1263, as well as California Penal Code § 1263.
8 GCA § 130.75 Judgment on Appeal: How Entered and Remitted
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When the judgment of the appellate court is given, it must be entered on the record, and a certified copy of the entry, with a copy of the opinion of the court attached thereto, forthwith remitted to the clerk of the court from which the appeal was taken.
8 GCA § 130.80 Appellate Court Jurisdiction Ceases Upon
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Remittance of Judgment to Lower Court. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made…