What is the Deadline for Filing an Appeal on a Felony Penal Code section 1473.7 Motion?

Over one year has passed since Penal Code section 1473.7 became effective. Accordingly, the appellate courts are beginning to hear and issue opinions analyzing Penal Code section 1473.7. According to Penal Code section 1473.7, subdivision f, “[a]n order granting or denying the motion is appealable under subdivision (b) of Section 1237 as an order after judgment affecting the substantial rights of a party.”[1]

In order to appeal a superior court decision made pursuant to Penal Code section 1473.7 under Section 1237(b), the appealing party must file the CR-120 form in the superior court within 60 days after the court rendered the judgment or made the order the party is seeking to appeal.[2]

When completing CR-120 for purposes of a Section 1473.7 appeal, the appealing party must also complete the “Request for Certificate of Probable Cause” on page 2 of the form and submit it to the court for its signature.

As superior courts are hearing more motions brought under Section 1473.7, appellate decisions will become more frequent and those litigating motions under this Section should know the process of petitioning for an appeal.p

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[1] For the full text of Penal Code section 1473.7, visit:

http://codes.findlaw.com/ca/penal-code/pen-sect-1473-7.html

[2] To access the from visit:

http://www.courts.ca.gov/documents/itac-20160211-jats-additional-materials.pdf

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