Fill and Sign the Cr 135 Proposed Statement on Appeal Misdemeanor Form

Proposed Statement on Appeal (M isd em ea nor ) CR-135 , Page 1 of 7 Cal. Rules of Cou rt, rule 8.869 CR-135 Proposed Statement on Appeal (Misdemeanor) Tak e or mail the ori ginal co mp leted form an d pro of of serv ice on the other parties to the clerk’s office for the sam e court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to sh ow that the original has bee n filed. Fill ou t this fo rm and make a co py of the completed form for your records and for each of the other partie s. Instructions Befor e you fill out this form, read Information on Appe al Procedures for Misdemeanors (f orm CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-IN FO at any courthouse or This form is only for preparing a proposed s tatement on appeal in a misdemeanor case. This form can be attached to your Notice Regarding Recor d of Oral Proc eedin gs (Misd emean or) (form CR-134). If it is not attached to that notice, thi s form must be filed no later than 20 days after you file that notice. If you have chosen to pre pare a statement on appe al and do not file this form on time, the court may d ismi ss your appeal. Se rve a copy of the comple ted form on each of the other parties and ke ep proof of this service. You can get information about how to ser ve court pap ers and proo f of service from What Is Proof of Service? (form APP-109- Clerk stamps date here when form is filed. You fill in the nam e and street address of the court that issued the jud gment or or der you are appealing: Su perio r Co urt of Cali forn ia, Cou nty o f You fill in t he appellate division case num ber (if you know it) : Ap pella te Divis ion Case Numb er: You fill in the num ber and name of the trial court case in which you are appealing the judgment or order : Tria l Court Cas e Numbe r: Tria l Court Cas e Na me: The Pe ople of the St ate of Cal ifornia v. Your Inf orm at ion 1 Street City St ate Z ip Ph on e: E-mai l (optional): ( ) Street City S tate Zip Street address: Ma iling address (if different): App ellant (th e part y wh o is fil ing th is ap peal): a. Na me: (1) was t he appellant’s l awyer in the trial court. is the appella nt’s la wyer for this appeal. (2) Fax (optional): E-mail (optional): Name: Phone: ( ) ( ) Street address: Mailing addr ess (if different): Street City S tate Zip Street City State Zip Appell ant’s l awyer (skip this if the appellant is fi lling out this f orm): b. The l awyer fil ling out this form (check (1) or (2)): • • • • • • State Bar number: co un ty la w library. INFO) and on the California Cour ts Onli ne Self -Hel p Center. Revised Jul y 1, 20 09, Op tional Form Judicia l Cou ncil of Cali fornia No (skip to ). 4 3 2 Revised July 1, 2009 , I/my client filed a Notice Regarding Record of Oral Proceedings , The Charges Against Me/My Client The charges against me/my client were (list all of the charges indicated on the complaint or citation filed with the court by the prosecutor): a. I/My client (check (1), (2), or (3)): b. pleaded guilty to only the following charges: pleaded guilty to all of these charges. Proposed Statement CR-135 , Page 2 of 7 Proposed Statement on Appeal (Misdemeanor) On (fill in the date): , I/my client filed a notice of appeal in the trial court case identified in the (1) (2) Information About Your Appeal pleaded not guilty to all the charges. (3) Describe the first motion: 5 Summary of Any Motions In the spaces below, please describe any motions (requests for orders) that were made in the trial court. Write a complete and accurate summary of what was said at any hearings on these motions and indicate how the trial court ruled on these motions. Were any motions (requests for the trial co urt to issue an order) filed in this case? a. (1) If there was a hearing on this motion , write a complete and accurate summary of what was said at this hearing: a hearing on this motion. On (fill in the date): b. Yes ( fill out b ) 6 The motion was filed by the prosecutor. defendant. Trial Court Case Name: Trial Court Case Number: box on page 1 of this form. choosing to use a statement on appeal as the record of what was said in this case. There was was not Revised July 1, 2009 CR-135, Page 3 of 7 Proposed Statement on Appeal (Misdemeanor) Describe the second motion: (2) Other (describe any other action the trial co urt took concerning this motion): If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: The trial court Check here if any other motions were filed, and attach a separate page or pages describing each motion, identifying who made the motion and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indi cating whether the trial court granted or denied the motion. At the top of each page, write “CR-135, item 5b(3).” Other (describe any other action the trial court took concerning this motion): Trial Court Case Name: Trial Court Case Number: granted this motion. did not grant this motion. Check here if you need more space to describe this motion and attach a separate page or pages describing it. At the top of each page, write “CR-135, item 5b(1).” Check here if you need more space to describe th is motion and attach a separate page or pages describing it. At the top of each page, write “CR-135, item 5b(2).” 5 b. (continued) a hearing on this motion. There was was not The motion was filed by the prosecutor. defendant. The trial court granted this motion. did not grant this motion. Did an officer from the police department, sheriff’s office, or other government agency that charged you/your client testify at the trial? (check one): (1) The name of the officer who testified is (fill in the officer’s name): No Yes (complete (1) and (2)): (2) This officer testified that (write a complete and accurate summary of the officer’s testimony. Include only what the officer actually said ; do not comment on or give your opinion about what the officer said): Revised July 1, 2009 CR-135 , Page 4 of 7 Proposed Statement on Appeal (Misdemeanor) Yes Were there any other witnesses at the trial? No (1) The witness’s name is (fill in the witness’s name): (2) This witness (3) This witness testified on behalf of (fill out (1)–(4)): Trial Court Case Name: Trial Court Case Number: me/my client. the prosecution. was was not an officer from the police depa rtment, sheriff’s office, or other government agency th at charged me/my client. Check here if you need more spac e to summarize the officer’s testimon y and attach a separate page or pages summarizing this testim ony. At the top of each page, write “CR-135, item 6c.” Yes (write a complete and accurate summary of the t estimony you/your client gave. Include only what you actually said; do not comment on or give your opinion about what you said): b. Did you/your client testify at the trial? No Check here if you need more space to summarize yo ur/your client’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “CR-135, item 6b.” (check (1) or (2) and complete items b, c, and d) (skip items b, c, and d and go to item ) 7 Summary of Testimony 6 Yes Was there a trial in your case? No a. Jury trial Trial by judge only c. d. (1) (2) Revised July 1, 2009 7 I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your client was found not guilty): The Trial Court's Findings The Sentence CR-135 , Page 5 of 7 Proposed Statement on Appeal (Misdemeanor) I/My client was found guilty of the following offenses (list all of the offenses for which you were/your client was found guilty): a. b. c.Jail time (fill in the amount of tim e you are/your client is required to spend in jail): A fine (including penalty and other assessments) (fill in the amount of the fine): $ Restitution (fill in the amount of the restitution): $ The trial court ordered the following pu nishment for me/my client in this case (check all that apply and fill in any required information): 8 a. b. e. Other punishment (describe any other punishment that th e trial court imposed in this case): d.Probation (fill in the amount of time you are/your client is required to be on probation): Trial Court Case Name: Trial Court Case Number: Check here if any other witnesses testified at the trial. Attach a separat e page or pages identifying each witness, whether the witness testified on your/y our client’s behalf or the prosecution’s behalf, and summarizing what that witness said in his or her testimony. At th e top of each page, write “CR-135, item 6e” (4) This witness testified that (write a complete and accurate summa ry of the witness’s testimony. Include only what the witness actua lly said; do not comment on or give your opinion about what the witness said): Check here if you need more space to summarize this w itness's testimony and attach a separate page or pages summarizing this testimony. At the to p of each page, write “CR-135, item 6d.” 6 d. (continued) Revised July 1, 2009 9 Reasons for Your AppealThere was not substantial evidence that supported the judgment, order, or other decision I am/my client is appealing in this case. (Explain why you think the judgment, order, or other decision was not supported by substantial evidence): The following error or errors about either the law or court procedure was/were made that caused substantial harm to me/my client. (Describe each error and how you were/your client was harmed by that error): (1) CR-135 , Page 6 of 7 Proposed Statement on Appeal (Misdemeanor) a. b. Describe the error: Describe how this error harmed you/your client: Trial Court Case Name: Trial Court Case Number: (Check all that appl y and describe in detail the legal error or erro rs you believe were made that are the reason for this appeal.) The appellate division: • Cannot retry your case or take new evidence • Cannot consider whether witn esses were telling the truth or lying • Cannot consider whether th ere was more or stronger evidence supp orting your position than there was supporting the trial court’s decision Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors were made in the trial court pr oceedings (read form CR–131-INFO to learn about these legal errors): • There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing • A “prejudicial error” was made during the trial court proceedings. Revised July 1, 2009 (3) CR-135, Page 7 of 7 Proposed Statement on Appeal (Misdemeanor) REMINDER: You must serve and file this form no later than 20 days after you file your notice regarding the oral proceedings. If you do not file this form on time, the court may dismiss your appeal. Date: X Signature of appellant or attorney Type or print name Describe the error: Describe how this error harmed you/your client: Check here if you need more space to describe these or other errors, and attach a separate page or pages describing the errors. At the top of each page, write “CR-135, item 9.” (2) Describe the error: Describe how this error harmed you/your client: Trial Court Case Name: Trial Court Case Number: 9 b. (continued)