Fill and Sign the Proposed Appeal Order Form

CR-143 Proposed Statement on Appeal Clerk stamps date here when form is filed. (Infraction) Instructions • This form is only for preparing a statement on appeal in an infraction case, such as a case about a traffic ticket. • Before you fill out this form, read Information on Appeal Procedures for Infractions (form CR-141-INFO) to know your rights and responsibilities. You can get form CR-141-INFO at any courthouse or county law library or online at www.courtinfo.ca.gov/forms . • This form can be filed at the same time as your notice of appeal. If it is not You fill in the name and street address of the court that issued the judgment or order you are filed with your notice of appeal, this form must be filed no later than 20 appealing: days after you file your notice of appeal. If you have chosen to use a Superior Court of California, County of statement on appeal and do not file this form on time, the court ––––– may dismiss your appeal. ––––– ––––– • Fill out this form and make a copy of the completed form for your ––––– records and for each of the other parties. ––––– • You must serve a copy of the completed form on each of the other parties in You fill in the number and name of the trial court the case and keep proof of this service. You can get information about how to case in which you are appealing the judgment or serve court papers and proof of service from What Is Proof of Service? (form order: APP-109-INFO) and on the California Courts Online Self-Help Center at Trial Court Case Number: www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving . ––––– Trial Court Case Name: • Take or mail the completed form and proof of service on each of the other The People of the State of California parties to the clerk’s office for the same trial court that issued the judgment or v. 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 show that the original has been filed. You fill in the appellate division case number (if you know it): 1 Your Information Appellate Division Case Number: a. Appellant (the party who is filing this appeal): ––––– Name: ––––– Street address: ––––– ––––– ––––– ––––– Street City State Zip Mailing address (if different): ––––– ` ––––– ––––– ––––– Street City State Zip Phone: ( ––––– ) ––––– E-mail (optional): ––––– b. Appellant’s lawyer (skip this if the appellant is filling out this form): The lawyer filling out this form (check (1) or (2)): (1) was the appellant’s lawyer in the trial (2) is the appellant’s lawyer for this appeal court. Name: ––––– State Bar number: ––––– Street address: ––––– ––––– ––––– ––––– Street City State Zip Mailing address (if different): ––––– ` ––––– ––––– ––––– Street City State Zip Phone: ( ––––– ) ––––– E-mail (optional): ––––– Fax (optional): ( ––––– ) ––––– Judicial Council of California Proposed Statement on Appeal CR-143 , Page 1 of 7 New January 1, 2009, Optional Form Cal. Rules of Court, rule 8.916 (Infraction) elec troni c form ã 2009 WWW.LawCA.co m L a w P u b l i s h e r s Trial Court Case Number: ––––– Trial Court Case Name: ––––– Information About Your Appeal 2 On (fill in the date): ––––– , I/my client filed a Notice of Appeal and Record of Oral Proceedings (Infraction), choosing to use a statement on appeal as the record of what was said in this case. Proposed Statement 3 The Charges Against Me/My Client a. If the charges against you/your client are based on a citation (ticket) you received, provide the citation number (fill in the citation number from your ticket): ––––– b. The charges against me/my client were (list all of the charges indicated on the citation or complaint filed by the prosecutor with the court): ––––– ––––– ––––– c. I/My client (check (1), (2), or (3)) (1) pleaded not guilty to all of the charges . (2) pleaded guilty to only the following charges: ––––– ––––– (3) pleaded guilty to all of the charges. 4 Summary of Any Motions a. Were any motions (requests for the trial court to issue an order) made in this case? Yes (fill out b) No (go to item 5 ) b. In the spaces below, describe any motions (requests for orders) 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: (1) I/My client made the following requests (motions) in the trial court (check all that apply): (a) To submit a photograph or photographs as evidence (describe the photographs): ––––– ––––– There was was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: ––––– ––––– ––––– ––––– The court did did not accept the photographs. Check here if you need more space to describe the motion and attach a separate page or pages describing it. At the top of each page write “CR-143, item 4b(1)(a).” New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 2 of 7 (Infraction) Trial Court Case Number: ––––– Trial Court Case Name: ––––– 4 b(1) (continued) (b) To submit a map or maps as evidence (describe the maps): ––––– ––––– There was was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: ––––– ––––– ––––– ––––– The court did did not accept the maps. Check here if you need more space to describe the motion and attach a separate page or pages describing it. At the top of each page write “CR-143, item 4b(1)(b).” (c) To submit other material as evidence (describe what you asked to submit as evidence in the trial court): ––––– ––––– There was was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: ––––– ––––– ––––– ––––– The court did did not accept this material. Check here if you need more space to describe the motion and attach a separate page or pages describing it. At the top of each page write “CR-143, item 4b(1)(c).” (d) Other (describe any other request you made in the trial court and whether the court granted or denied this request): ––––– ––––– ––––– ––––– Check here if you need more space to describe the motion and attach a separate page or pages describing it. At the top of each page write “CR-143, item 4b(1)(d).” (2) The prosecutor made the following request (motion) in the trial court (describe any request the prosecutor made in the trial court and whether the court granted or denied this request): ––––– ––––– ––––– New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 3 of 7 (Infraction) Trial Court Case Number: ––––– Trial Court Case Name: ––––– 4 b(2) (continued) There was was not a hearing on 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 granted this motion. did not grant this motion. Other (describe any other action the trial court took concerning 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-143, item 4b(2).” Check here if other motions were filed, and attach a separate page or pages describing these other motions, identifying who made them and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of each page, write CR-143, item 4b(3). 5 Summary of Testimony a. Was there a trial in your case? No (skip items b, c, and d and go to item 6 ) Yes (complete items b, c, and d) b. Did you/your client testify at the trial? No Yes (write a complete and accurate summary of the testimony you/your client gave. Include only what you actually said; do not comment on or give your opinion about what you said): ––––– ––––– ––––– ––––– Check here if you need more space to summarize your/your client’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “CR-143, Item 5b.” c. 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): No Yes (complete (1) and (2)): (1) The name of the officer who testified is (fill in the officer’s name): ––––– New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 4 of 7 (Infraction) Trial Court Case Number: ––––– Trial Court Case Name: ––––– 5 c. (continued) (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): ––––– ––––– ––––– ––––– Check here if you need more space to summarize the officer’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “CR-143, Item 5c.” d. Were there any other witnesses at the trial? No Yes (fill out (1)–(4)) : (1) The witness’s name is (fill in the witness’s name): ––––– (2) The witness was was not an officer from the government agency that charged me/my client. (3) The witness testified on behalf of me/my client. the prosecution. (4) This witness testified that (write a complete and accurate summary of the witness’s testimony. Include only what the witness actually said; do not comment on or give your opinion about what the witness said): ––––– ––––– ––––– ––––– ––––– Check here if other witnesses testified at the trial. Attach a separate page or pages identifying each other witness that testified at your trial, stating whether that witness testified on your/your client’s behalf or the prosecution’s behalf, and summarizing what that witness said in his or her testimony. At the top of each page, write “CR-143, item 5e.” The Trial Court's Findings 6 a. I/My client was found guilty of the following offenses (list all of the offenses for which you were/your client was found guilty): ––––– ––––– ––––– ––––– b. 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): ––––– ––––– ––––– ––––– New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 5 of 7 (Infraction) Trial Court Case Number: ––––– Trial Court Case Name: ––––– 6 (continued) c. The following charges were dismissed after proof of correction was shown to the judge (list all of the charges that were dismissed): ––––– ––––– ––––– ––––– 7 The Sentence The trial court imposed the following fine or other punishment on me/my client (check all that apply and fill in any required information): a. A fine of (fill in the amount of the fine): $ ––––– b. Traffic school c. Community service (fill in the number of hours): ––––– d. Other punishment (describe any other punishment that the court imposed on you): ––––– ––––– ––––– 8 Reasons for Your Appeal 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 proceedings (read form CR-141-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. The appellate division: • Cannot retry your case or take new evidence • Cannot consider whether witnesses were telling the truth or lying • Cannot consider whether there was more or stronger evidence supporting your position than there was supporting the trial court’s decision (Check all that apply and describe the legal error or errors you believe were made that are the reason for this appeal.) a. There 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): ––––– ––––– ––––– ––––– ––––– ––––– New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 6 of 7 (Infraction) Trial Court Case Number: ––––– Trial Court Case Name: ––––– 8 (continued) b. 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) Describe the error: ––––– ––––– ––––– ––––– Describe how this error harmed you/your client: ––––– ––––– ––––– ––––– (2) Describe the error: ––––– ––––– ––––– ––––– Describe how this error harmed you/your client: ––––– ––––– ––––– ––––– (3) 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-143, item 8.” REMINDER: You must serve and file this form no later than 20 days after you file your notice of appeal. If you do not file this form on time, the court may dismiss your appeal. Date: ––––– ––––– Type or print name Signature of appellant or attorney New January 1, 2009 Proposed Statement on Appeal CR-143 , Page 7 of 7 (Infraction)