Bill Text: CA AB249 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal courts: appeals: fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 194, Statutes of 2015. [AB249 Detail]

Download: California-2015-AB249-Amended.html

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BILL NUMBER: AB 249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Obernolte

                        FEBRUARY 9, 2015

   An act to amend  Section 1237   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.   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. 

   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.
  court, which may be made informally in writing. 
   SEC. 2.   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.   court, which
may be made informally in writing.  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.