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California Criminal Form Notice of Appeal

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NOTICE OF APPEAL-FELONY (DEFENDANT)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE NO.:

FAX NO.:

ATTORNEY FOR (Name):

CR-120

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

PEOPLE OF THE STATE OF CALIFORNIA

VS.

DEFENDANT:

Date of birth:

California Dept. of Corrections No. (if applicable):

NOTICE OF APPEAL-FELONY (DEFENDANT)

(Pen. Code, §§ 1237,1538.5(m); Cal. Rules of Court, rule 30(b))

CASE NUMBER(S):

NOTICE

  • If your appeal challenges the validity of the plea you must complete the Request for Certificate of Probable Cause on the other side of this form. (Pen. Code, § 1237.5.)
  • You must file this form in the superior court within 60 days after entry of judgment.

1. Defendant (name):

appeals from the order or judgment entered on (specify date of order, judgment, or sentence):

2. This appeal follows:

a. A jury or court trial. (Pen. Code, § 1237(a).)

b. A contested violation of probation. (Pen. Code, § 1237(b).)

c. A guilty (or no-contest) plea or an admitted probation violation (check all boxes that apply):

(1) This appeal is based on the sentence or other matters occurring after the plea. (Cal. Rules of Court, rule 30(b)(4)(B)) (d).)

(2) This appeal is based on the denial of a motion to suppress evidence under Penal Code section 1538.5.

(3) This appeal challenges the validity of the plea or admission. (You must complete the Request for Certificate of Probable Cause on the other side of this form.)

d. Other (specify):

3. I request that the court appoint an attorney on appeal. Defendant

represented by an appointed attorney in the superior court. was was not

4. Defendant's address:

same as in attorney box above.

as follows:

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

Form Approved for Optional Use

Judicial Council of California

CR-120 [Rev. January 1, 2007]

NOTICE OF APPEAL —FELONY (DEFENDANT)

(Criminal)

electronic form © 2005-7

WWW.LawCA.com

Page 1 of 2

Penal Code, §§ 1237, 1538.5(m),

Cal. Rules of Court, rule8.304


PEOPLE OF THE STATE OF CALIFORNIA vs.

DEFENDANT:

CASE NUMBER(S):

REQUEST FOR CERTIFICATE OF PROBABLE CAUSE

I request a certificate of probable cause. The reasonable constitutional, jurisdictional or other grounds going to the legality of the guilty plea, no contest plea or probation violation admission proceeding are (specify):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

COURT ORDER

This Request for Certificate of Probable Cause is (check one): granted denied.

Date:

JUDGE

CR-120 [Rev. January 1, 2007]

NOTICE OF APPEAL —FELONY (DEFENDANT)

(Criminal)

Page 2 of 2

Enter text

What the California Criminal Form Notice of Appeal Is

The California Criminal Form Notice of Appeal is the formal document filed to begin an appellate review of a criminal judgment in California. It identifies the case, the court that issued the judgment, the date of the judgment or order being appealed, the party taking the appeal (the appellant), and basic contact information. Filing the notice preserves appellate rights and starts the process that transfers the record to the Court of Appeal for briefing and review. Precise content and timing requirements are governed by California statutes and court rules.

Why a Correct Notice of Appeal Matters

A properly completed Notice of Appeal preserves the right to appellate review, initiates record transmission to the appellate court, and avoids procedural dismissal. Accuracy reduces risk of late or defective filings that can forfeit appellate rights.

Why a Correct Notice of Appeal Matters

Who Typically Prepares and Files This Notice

The Notice of Appeal is prepared and filed by parties or counsel to preserve an appeal in criminal cases.

  • Defense counsel preparing appellate record and briefing logistics for their client.
  • Appellant acting pro se who must meet strict form and service requirements.
  • Prosecutor in limited circumstances where the People appeal certain orders or post-conviction rulings.

Who May Sign and File

Defense Counsel

A licensed attorney of record may sign the Notice and file it with the trial court clerk; counsel must ensure service on the prosecutor and adherence to local rules regarding filing and proof of service.

Appellant (Pro Se)

A self-represented defendant may sign and file the Notice but is held to the same procedural requirements and deadlines as counsel; failure to comply can result in dismissal of the appeal.

Essential Parts of a Professional Notice of Appeal

A complete Notice of Appeal uses standard headings and clear, unambiguous statements to avoid defects during clerk screening and early appellate processing.

Case Caption

Full court name, case title, and party names matching the superior court record to ensure correct identification of the matter on appeal and alignment with the trial court docket.

Docket Number

Exact superior court docket or case number as assigned by the clerk; an incorrect number can delay record retrieval and cause administrative rejection.

Judgment/Order Date

The precise date of the judgment or order being appealed, which determines jurisdictional timing and whether a timely appeal was filed.

Appellant Identity

Name, mailing address, and counsel-of-record (if any); consistent names prevent attribution disputes and help the court serve notices correctly.

Relief Sought

A concise statement that the appellant files a notice of appeal from the specified judgment or order and indicates whether the appeal is from judgment or post-judgment order.

Certificate of Service

A signed statement showing who was served, how, and when; proof of service is required to establish proper notice to opposing parties and the prosecutor.

Required Case Details and Reference Data

Case Number: Exact docket number
Court Name: Superior Court of California
Judgment Date: MM/DD/YYYY format
Appellant Name: Full legal name
Respondent: People of the State of California
Service Method: Specify service type

Step-by-Step: Completing the Notice of Appeal

Follow a concise sequence to reduce defects and preserve appellate rights when preparing and filing the Notice of Appeal.

  • 01
    Gather case details: Confirm docket number and judgment date
  • 02
    Complete form fields: Enter caption, appellant identity, and relief sought
  • 03
    Sign and date: Appellant or counsel must sign with date
  • 04
    File and serve: File with clerk and serve opposing counsel

Preparing and Submitting the Notice in an eWorkflow

Set up a reliable digital workflow to collect signatures, attach proof of service, and produce a court-ready PDF for filing.

Upload Source Document Use a searchable PDF or DOCX
Place Fields Add signature, date, and text fields
Authentication Enable email or SMS verification
Certificate Enable audit trail and timestamp
Save Template Store template for repeat filings

Where to File, Serve, and Record the Notice

Filing the Notice of Appeal follows a short chain: file with the trial court clerk, serve the opposing party, and ensure the appellate court receives the record.

  • File with Clerk: File original in the superior court where judgment entered
  • Serve Opposing Party: Provide proof of service to the prosecutor or counsel
  • Request Transcript: Order trial transcript if required for appeal
  • Notify Appellate Court: Ensure record transmission to Court of Appeal

Digital Filing and eSubmission Considerations

Electronic completion and eSigning can streamline Notice preparation, but must meet court formatting and service rules.

  • Supported Formats: PDF, DOCX accepted
  • Authentication: Email or SMS verification
  • Audit Trail: IP, timestamp, signer details

eSignature Vendor Comparison for Notices and Court Filings

Common eSignature vendors vary by price, features, and compliance. The table compares core items relevant to legal filing workflows; signNow appears first per platform alignment.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common Pitfalls to Avoid

  • Late filing missing jurisdictional deadlines leading to dismissal
  • Incorrect docket number causing administrative rejection or delay
  • Incomplete certificate of service failing service requirements
  • Mismatched party names that complicate record retrieval

Consequences of an Incorrect or Late Notice

Waived Appeal: Failure to timely file can forfeit appellate rights
Administrative Dismissal: Clerical defects may result in rejection or dismissal
Delay in Review: Errors lengthen time to briefing and decision
Added Costs: Re-filing or attorney correction increases expenses
Record Gaps: Missing transcripts or exhibits weaken appellate issues
Sanctions Risk: False statements or improper service can prompt sanctions

Practical Tips for Accurate and Efficient Filing

Adopt a checklist approach and verify each element before filing to reduce errors and speed processing.

Use a filing checklist
Create a standardized checklist that confirms docket number, judgment date, appellant name, signature, and certificate of service to avoid common administrative rejections and ensure the record can be located quickly by the clerk.
Preserve electronic audit trail
Maintain the eSignature audit trail including IP, timestamps, and signer email for evidentiary support; courts may request proof of signature authenticity or service later in the appeal process.
Confirm local rules
Check superior court local rules and appellate court requirements for additional forms, filing windows, or e-filing portal specifications; local rules can impose extra steps beyond statewide forms.
Coordinate transcripts early
Order trial transcripts promptly where required; delayed transcript requests are a frequent cause of briefing schedule extensions and docketing delays on appeal.

Timing Considerations and Filing Windows

Deadlines for criminal appeals are strict and governed by statute and court rules; verify applicable timelines immediately after judgment.

Timely Filing:

File the Notice promptly per California rules and local practice

Service Deadline:

Serve opposing counsel according to court rules

Transcript Ordering:

Order transcripts early to meet briefing deadlines

Clerk Processing:

Allow time for clerk to transmit record to appellate court

Motion Windows:

Be aware of post-judgment motion impacts on appeal timing

Practical Examples of Use

These short examples illustrate how counsel and self-represented appellants use the Notice of Appeal to initiate appellate review while managing record and service obligations.

Public Defender Filing

A public defender files a timely Notice after sentencing to preserve issues for appeal

  • Appellant orders transcript promptly to avoid briefing delays
  • The office retains the signed Notice, proof of service, and e-sign audit trail to support appellate record transmission and later motions.

Pro Se Appellant

A self-represented defendant completes the Notice using court-provided form and serves the prosecutor by mail

  • The appellant obtains a receipt from the clerk showing filing date
  • Proper documentation and adherence to service requirements prevent administrative rejection and protect appellate rights.

Frequently Asked Questions About the Notice of Appeal

Answers to common procedural questions can help reduce filing errors and preserve appellate rights; consult counsel for case-specific legal advice.


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