Amended in Assembly April 13, 2015

Amended in Assembly April 8, 2015

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 Sections 1237 and 1237.1 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 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. The bill would provide that the trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the begin delete imposition or end delete calculation of begin insert presentence custody credits, or in the imposition or calculation of end insert fines, penalty assessments, surcharges, fees, or begin delete costs end delete begin insert costs, end insert upon the defendant’s request for correction.

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.

SEC. 2.  

Section 1237.1 of the Penal Code is amended to read:

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 court, which may
be made informally in writing. The trial court retains jurisdiction
after a notice of appeal has been filed to correct any error in the
begin delete imposition or end delete calculation of begin delete fines, penalty assessments, surcharges,
fees, or costs end delete begin insert presentence custody credits end insert upon the defendant’s
request for correction.

SEC. 3.  

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, which may be made informally in writing. 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. 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.