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 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.begin insert The bill would provide that the trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs upon the defendant’s request for correction.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 1237 of the Penal Code is amended to
2read:
An appeal may be taken by the defendant from both of
4the following:
5(a) Except as provided in Sections 1237.1, 1237.2, and 1237.5,
6from a final judgment of conviction. A sentence, an order granting
7probation, or the commitment of a defendant for insanity, the
8indeterminate commitment of a defendant as a mentally disordered
9sex offender, or the commitment of a defendant for controlled
10substance addiction shall be deemed to be a final judgment within
11the meaning of this section. Upon appeal from a final judgment
12the court may review any order denying a motion for a new trial.
13(b) From any order made after judgment,
affecting the
14substantial rights of the party.
Section 1237.1 of the Penal Code is amended to read:
No appeal shall be taken by the defendant from a
17judgment of conviction on the ground of an error in the calculation
18of presentence custody credits, unless the defendant first presents
19the claim in the trial court at the time of sentencing, or if the error
20is not discovered until after sentencing, the defendant first makes
21a motion for correction of the record in the trial court, which may
22be made informally in writing.begin insert The trial court retains jurisdiction
23after a notice of appeal has been filed to correct any error in the
24imposition or calculation of fines, penalty assessments, surcharges,
25fees, or costs upon the defendant’s request for correction.end insert
Section 1237.2 is added to the Penal Code, to read:
An appeal may not be taken by the defendant from a
28judgment of conviction on the ground of an error in the imposition
29or calculation of fines, penalty assessments, surcharges, fees, or
30costs unless the defendant first presents the claim in the trial court
31at the time of sentencing, or if the error is not discovered until after
P3 1sentencing, the defendant first makes a motion for correction in
2the trial court, which may be made informally in writing.begin insert The trial
3court retains jurisdiction after a notice of appeal has been filed
4to correct any error in the imposition or calculation of fines,
5penalty assessments, surcharges, fees, or costs upon the
6defendant’s request for correction.end insert
This section only applies in
7cases where the erroneous imposition or calculation of fines,
8penalty assessments, surcharges, fees, or costs are the sole issue
9on appeal.
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