BILL NUMBER: AB 249	INTRODUCED
	BILL TEXT


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  from both of
the following  :
   (a)  From a final judgment of conviction except as
provided in Section 1237.1 and Section 1237.5.   Except
as provided in Sections 1237.1, 1237.2, and 1237.5, from a final
judgment of conviction.  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.