Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 249

Introduced by Assembly Member Obernolte

February 9, 2015

An act to amend begin delete Section 1237 end delete begin insert Sections 1237 and 1237.1 end insert of, and to add Section 1237.2 to, the Penal Code, relating to appeals.

LEGISLATIVE COUNSEL’S DIGEST

AB 249, as amended, 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 begin delete court. end delete begin insert court, which may be made informally in writing. The bill would also allow a motion for correction in the trial court regarding the calculation of presentence custody credits to be made informally in writing. end insert

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) 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1237.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1237.1.  

No appeal shall be taken 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 until after sentencing, the defendant first makes
a motion for correction of the record in the trial begin delete court. end delete begin insert court, which
may be made informally in writing. end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 begin delete court. end delete begin insert court, which may be made informally in writing. end insert
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.