California Legislature—2015–16 Regular Session

Assembly Bill No. 249

Introduced by Assembly Member Obernolte

February 9, 2015

An act to amend Section 1237 of, and to add Section 1237.2 to, the Penal Code, relating to appeals.

LEGISLATIVE COUNSEL’S DIGEST

AB 249, as introduced, Obernolte. Criminal courts: appeals: fees.

Existing law allows an appeal to be taken by the defendant from a final judgment of conviction, except that existing law prohibits an appeal by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered after sentencing, the defendant first makes a motion for correction of the record in the trial court.

This bill would prohibit a defendant from taking an appeal from a judgment of conviction solely on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1237 of the Penal Code is amended to
read:

1237.  

An appeal may be taken by the defendant begin insert from both of
the following end insert :

(a)  begin delete From a final judgment of conviction except as provided in
Section 1237.1 and Section 1237.5. end delete begin insert Except as provided in Sections
1237.1, 1237.2, and 1237.5, from a final judgment of conviction. end insert
A sentence, an order granting probation, or the commitment of a
defendant for insanity, the indeterminate commitment of a
defendant as a mentally disordered sex offender, or the commitment
of a defendant for controlled substance addiction shall be deemed
to be a final judgment within the meaning of this section. Upon
appeal from a final judgment the court may review any order
denying a motion for a new trial.

(b) From any order made after judgment, affecting the
substantial rights of the party.

SEC. 2.  

Section 1237.2 is added to the Penal Code, to read:

1237.2.  

An appeal may not be taken by the defendant from a
judgment of conviction on the ground of an error in the imposition
or calculation of fines, penalty assessments, surcharges, fees, or
costs unless the defendant first presents the claim in the trial court
at the time of sentencing, or if the error is not discovered until after
sentencing, the defendant first makes a motion for correction in
the trial court. This section only applies in cases where the
erroneous imposition or calculation of fines, penalty assessments,
surcharges, fees, or costs are the sole issue on appeal.