How to Appeal a Felony Conviction in California: Filing a Direct Criminal Appeal After Sentencing

Introduction: Why Timing Matters After a Felony Conviction

For anyone recently convicted of a felony in California, the days immediately following sentencing are overwhelming. Families feel lost, defendants feel hopeless, and questions begin to surface: Can this be challenged? Was the trial fair? Is there still a chance to overturn the conviction?

The answer is yes — but only if you act quickly. In California, you generally have 60 days from the date of judgment to file a notice of appeal. Missing that window can permanently forfeit your right to appellate review. That’s why understanding how to appeal a felony conviction in California is so urgent.

A direct criminal appeal is not a retrial or a chance to present new evidence. It’s a formal legal review by the California Court of Appeal to determine whether errors occurred during the trial that affected the verdict or sentence. It is a specialized process, governed by complex procedural rules, and it demands precision from the start.

At Power Trial Lawyers, we focus on this stage — the appellate arena. Our attorneys know how to file a criminal appeal in California correctly, assemble the record, and frame the legal issues that can persuade the appellate justices to reverse or modify a conviction. We often see cases where a single procedural or constitutional error changed a person’s life; our job is to make the California Court of Appeal see that error clearly.

This guide explains exactly how the appellate process works, what to expect, and why choosing an experienced appellate attorney matters more than ever. Whether you’re a defendant seeking relief or a loved one searching for answers, this resource will walk you through every step of the direct criminal appeal process — from filing deadlines to potential outcomes.

What It Means to Appeal a Felony Conviction in California

When you appeal a felony conviction in California, you’re asking a higher court — the California Court of Appeal — to review what happened in the trial court and decide whether legal mistakes require a new trial, resentencing, or other relief.

Unlike a trial, where witnesses testify and new evidence is introduced, an appeal is based entirely on the trial record: the transcripts, motions, exhibits, and rulings that already exist. The appellate court examines whether the trial judge misapplied the law, whether the prosecutor engaged in misconduct, whether defense counsel was ineffective, or whether the sentence violated California or federal law.

Purpose of a Direct Criminal Appeal

A direct criminal appeal serves a vital constitutional function: it ensures that no person is deprived of liberty because of judicial or procedural errors. The appellate court’s job is not to decide guilt or innocence again but to ensure fairness, legality, and due process.

Common examples of issues raised on direct appeal include:

• Improper jury instructions that misled jurors about the law.
• Wrongful admission or exclusion of evidence.
• Prosecutorial misconduct during argument.
• Sentencing errors, such as the wrong enhancement or term.
• Denial of a fair trial due to judicial bias or conflict of interest.

By filing a proper notice of appeal and advancing well-supported arguments, defendants preserve their constitutional rights and create the possibility of a reduced sentence, a new trial, or complete reversal.

Who Can File and When

Only a defendant (or their attorney) can initiate the appeal, and it must be done within 60 days after judgment is entered in the trial court. The filing is made with the same court that issued the conviction, but the case is then transferred to the Court of Appeal for review.

This deadline is rigid. California Rule of Court 8.308(a) leaves little room for exceptions. If you fail to file a criminal appeal in California on time, the Court of Appeal has no jurisdiction to hear it. That’s why immediate legal guidance is essential.

The Importance of Specialized Appellate Counsel

Appeals are a distinct discipline. Trial lawyers focus on evidence and witness credibility; appellate lawyers focus on written briefs, case law, and nuanced legal arguments. A skilled appellate attorney knows how to identify reversible errors, research controlling precedents, and craft persuasive written briefs that speak the language of appellate judges.

At Power Trial Lawyers, our attorneys handle direct appeals statewide. We’ve briefed and argued cases before every division of the California Court of Appeal, ensuring clients get representation tailored to appellate procedure, not trial tactics.

Step-by-Step: How to File a Criminal Appeal in California

Filing a criminal appeal in California involves multiple procedural stages, each governed by strict deadlines. Below is a step-by-step roadmap of the process.

Step 1: Filing the Notice of Appeal

The process begins by submitting a Notice of Appeal to the superior court that issued the conviction. This one-page document tells the court and the prosecution that you intend to challenge the judgment.

• Deadline: Within 60 days of sentencing (Cal. R. Ct. 8.308).
• Purpose: Preserves the right to appellate review.
• Consequence of Delay: Missing the deadline generally ends the right to appeal forever.

An appellate attorney ensures the notice is properly filed and served, specifying whether the appeal challenges the conviction, the sentence, or both.

Step 2: Securing the Record on Appeal

After the notice is filed, the superior court clerk prepares the record on appeal, consisting of two parts:

1. Clerk’s Transcript – all filings, motions, and exhibits.
2. Reporter’s Transcript – verbatim transcripts of hearings and trial proceedings.

Your appellate lawyer reviews these materials meticulously to locate errors that justify relief. Any omission in the record must be corrected through motions before briefing begins.

Step 3: Opening Brief — The Heart of the Appeal

Once the record is ready, your attorney drafts the Appellant’s Opening Brief (AOB). This is where the core arguments appear. It explains, step-by-step, how legal or constitutional errors affected the outcome.

For example, if a judge admitted coerced statements or excluded exculpatory evidence, the brief demonstrates why those rulings violated due process or statutory rights. The goal is to show “prejudicial error” — that the mistake mattered enough to change the verdict or sentence.

High-quality appellate briefs combine deep legal research, plain-English explanation, and a compelling narrative. Judges read hundreds of briefs each year; clarity and precision make yours stand out.

Step 4: Respondent’s Brief and Reply

After the AOB, the Attorney General files a Respondent’s Brief defending the conviction. Your lawyer then has the opportunity to file a Reply Brief, addressing each counterargument. This final written submission often determines how the panel views the case going into oral argument.

Step 5: Oral Argument

If the court grants oral argument, your appellate counsel appears before a three-justice panel to highlight key issues. No witnesses testify; it’s a focused legal discussion. Experienced appellate advocates use this opportunity to clarify complex points and respond to judges’ questions directly.

Step 6: The Decision

The panel issues a written opinion weeks or months later. Outcomes may include:

• Affirmed: Conviction and sentence stand.
• Reversed: Conviction overturned, case remanded for new trial.
• Modified: Sentence reduced or corrected.
• Remanded for Resentencing: Trial court must adjust punishment under new guidance.

Even when the appeal doesn’t result in full reversal, partial relief (like resentencing under new statutes) can significantly shorten time in custody.

Step 7: Further Review or Collateral Remedies

If the Court of Appeal decision is unfavorable, your attorney may petition the California Supreme Court for review. In some cases, separate post-conviction motions (like habeas corpus or Penal Code § 1172.1 resentencing) may follow a direct appeal. An integrated appellate strategy often involves coordinating these remedies.

Consult with a California Criminal Appeals Lawyer Immediately After Sentencing

The steps above illustrate why acting fast and retaining experienced appellate counsel are critical. The deadlines, formatting rules, and research demands are unforgiving. Missing a single procedural requirement can sink even a strong argument.

To preserve your rights and build the strongest record possible, contact Power Trial Lawyers immediately after sentencing. Our team will evaluate your case, confirm filing deadlines, and start preparing the direct criminal appeal that could change the outcome of your felony case.

Grounds for a Direct Criminal Appeal

When defendants or families first contact Power Trial Lawyers, one of the most common questions is: “What are the legal reasons I can appeal?”

The answer lies in identifying appealable errors — mistakes made during the trial that violated the defendant’s constitutional or statutory rights.

A direct criminal appeal focuses on what happened in the trial record. It examines whether errors occurred that impacted the fairness or legality of the proceedings. These mistakes don’t have to be intentional; even unintentional judicial or prosecutorial errors can justify relief.

1. Legal Errors During Trial

Sometimes a judge misinterprets or misapplies California law. For example, the court might give an incorrect jury instruction, admit evidence that should have been excluded, or deny a lawful defense motion.

When the law is applied incorrectly and that error affects the verdict, the conviction can be reversed or the sentence reduced.

2. Violations of Constitutional Rights

Every defendant has constitutional protections under the U.S. and California Constitutions. A direct criminal appeal may challenge violations such as:

• Denial of the right to counsel or ineffective assistance of counsel
• Violation of the right to a fair and impartial jury
• Improper admission of coerced confessions
• Denial of the right to confront witnesses or present evidence
• Prosecutorial misconduct, such as hiding exculpatory evidence

If the appellate court agrees that these violations influenced the outcome, it can order a new trial or modify the sentence.

3. Evidentiary and Procedural Errors

The trial record often reveals disputes over evidence—what should or should not have been admitted. Improperly admitted evidence can distort the jury’s view, while excluded defense evidence can strip away a fair opportunity to defend.

When these evidentiary rulings are wrong under the California Evidence Code or constitutional principles, they become powerful grounds to appeal a felony conviction in California.

4. Sentencing Errors

Even when a conviction stands, the sentence itself may be unlawful. Judges sometimes impose enhancements that don’t apply or fail to follow the determinate sentencing law. A successful appeal can lead to resentencing or removal of enhancements, potentially reducing years from a prison term.

5. Judicial Bias or Misconduct

A judge’s impartiality is central to justice. When comments, rulings, or behavior during trial show bias or prejudice, the appellate court may find that the defendant was denied a fair trial.

In every case, the appellate attorney’s role is to dissect the record line by line, finding where trial-level errors changed the result. That’s the power of a direct criminal appeal—to ensure fairness when the trial process fails.

Deadlines and Procedural Rules

The appellate process in California is rigidly time-sensitive. Knowing the rules can mean the difference between having your case reviewed and losing the opportunity forever.

The 60-Day Rule

California Rule of Court 8.308(a) gives defendants just 60 days from the date of judgment to file a criminal appeal in California. This short window starts the day the court pronounces sentence or judgment—not when you receive paperwork or arrive at a state facility.

If you miss this deadline, the Court of Appeal generally lacks jurisdiction to hear the case. The rule is strict; even a one-day delay can end appellate rights. For that reason, anyone who plans to appeal a felony conviction in California should contact an appellate lawyer immediately after sentencing.

Filing Requirements

The Notice of Appeal must be filed with the same superior court that issued the conviction. It must identify the specific judgment or sentence being challenged. If multiple cases were consolidated, a notice must be filed in each case number.

The notice is typically prepared by appellate counsel to ensure accuracy. A single error—wrong date, missing signature, or incorrect case reference—can invalidate the filing.

Preparation of the Record

Once the notice is filed, the superior court clerk and court reporter begin preparing the record. The appellant designates which documents and transcripts are necessary. Failing to request critical portions can limit the scope of review, so strategic designation is essential.

Briefing Deadlines

After the record is certified, the appellant’s opening brief is due, typically within 40 days. The respondent’s brief (from the Attorney General) follows, then the reply brief. Extensions are sometimes granted, but only upon formal motion showing good cause.

Rules Governing Form and Content

The California Rules of Court specify formatting, citations, and word limits for appellate briefs. Violating these standards can result in rejection or waiver of arguments. Professional appellate counsel ensures compliance while presenting arguments clearly and persuasively.

The appellate process rewards precision. That’s why hiring a law firm familiar with every procedural step is vital for anyone planning to file a criminal appeal in California.

The Appellate Process Explained

Understanding the structure of a direct criminal appeal helps manage expectations. Unlike a trial, which involves witnesses and evidence, the appeal revolves around documents, transcripts, and written arguments.

Stage 1: Notice of Appeal and Record Assembly

The process starts with the notice of appeal, filed within the 60-day window. Once filed, the superior court transmits the case to the Court of Appeal, and the record is prepared. During this phase, defense counsel ensures the entire trial record—motions, jury instructions, exhibits, and sentencing transcripts—is complete and accurate.

Stage 2: Review of the Record

An appellate attorney reviews thousands of pages of transcripts, comparing rulings and objections against the law. This stage is where potential errors are identified. Examples include improper admission of evidence, inaccurate jury instructions, or violations of sentencing statutes.

Stage 3: Briefing

Written briefs are the core of the appellate process. The Appellant’s Opening Brief explains the errors and their legal significance. The Attorney General responds in the Respondent’s Brief, and the appellant may reply once more. These filings are deeply researched and heavily cited, serving as the judges’ main guide through the case.

Stage 4: Oral Argument

In many cases, the appellate panel schedules oral argument. It’s not a retrial; it’s a chance for the attorneys to clarify legal points and answer the justices’ questions. Effective oral advocacy can highlight issues that might otherwise be overlooked in writing.

Experienced appellate lawyers prepare intensely for these arguments—anticipating each question, knowing every fact in the record, and citing cases from memory.

Stage 5: The Court’s Decision

After deliberation, the appellate court issues its opinion. Possible results include:

• Affirmance: The conviction and sentence remain unchanged.
• Reversal: The conviction is vacated, and the case may be retried.
• Modification: The appellate court adjusts the judgment, often lowering a sentence.
• Remand: The matter returns to the trial court for further proceedings, such as resentencing or new findings.

Each outcome depends on the nature of the legal errors raised. Even when full reversal doesn’t occur, a well-argued appeal can lead to substantial sentencing relief.

Stage 6: Post-Decision Options

If the appeal is denied, the defendant may request rehearing or petition the California Supreme Court for review. In rare circumstances, federal review may follow through a habeas corpus petition. These additional layers reinforce why early strategy and thorough preparation during the direct criminal appeal phase are crucial.

Bail Pending Appeal

For many defendants, the question after sentencing is whether they can remain free while their appeal is pending. California law allows for bail pending appeal in limited situations.

Legal Basis

Under Penal Code section 1272.1, defendants convicted of non-capital offenses may seek release while pursuing a direct criminal appeal. However, courts grant this only if two conditions are met:

1. The appeal raises a substantial legal question likely to result in reversal, and
2. The defendant poses no danger to the community and is unlikely to flee.

Procedure

The motion for bail pending appeal is filed in the trial court first. If denied, appellate counsel may renew the motion in the Court of Appeal. Supporting evidence, such as letters of support, employment records, or proof of community ties, can strengthen the application.

Practical Reality

While bail pending appeal is rarely granted, it is not impossible. A strong showing on both the merits of the appeal and the defendant’s reliability can persuade a judge to allow release.

Appellate attorneys at Power Trial Lawyers analyze eligibility early and prepare persuasive motions highlighting why continued custody is unjust before appellate review concludes.

Possible Outcomes on Appeal

The ultimate question for anyone considering whether to appeal a felony conviction in California is: What can actually happen if we win?

A direct criminal appeal can lead to several possible results. While no attorney can guarantee reversal, understanding these outcomes helps set realistic expectations and underscores why every stage of the process matters.

1. Affirmance of the Judgment

In some cases, the Court of Appeal may uphold the conviction and sentence entirely. This result is called an affirmance. It means the justices found no reversible error in the record. Even then, the opinion can still clarify legal issues for future relief, especially if subsequent laws change the sentencing framework. A denied appeal does not always end the story—future reforms or habeas corpus actions may still apply.

2. Full Reversal and New Trial

A successful appeal can result in a full reversal, sending the case back for a new trial. This occurs when the appellate court determines that an error substantially affected the outcome—such as juror bias, prosecutorial misconduct, or unconstitutional rulings on evidence. A reversal wipes out the conviction and gives the defense a fresh opportunity to present the case correctly.

3. Partial Reversal or Modification

Sometimes the Court of Appeal agrees that errors occurred but limits relief to specific counts or sentencing issues. This might involve:

• Striking an enhancement or prior conviction finding
• Reducing the degree of an offense
• Correcting an unlawful restitution order
• Ordering resentencing under current statutes

These changes can dramatically shorten a prison term. For example, a 25-to-life sentence might become 15 years, or certain fines and enhancements may be eliminated.

4. Remand for Resentencing

If new laws or procedural mistakes affect sentencing, the appellate court can remand the case to the trial court for a new sentencing hearing. California’s evolving sentencing landscape—especially reforms like Senate Bill 567 and Assembly Bill 600—makes this type of relief increasingly common. An appellate attorney can frame these issues in a way that encourages the Court of Appeal to allow re-evaluation under modern standards.

5. Other Dispositions

In rare cases, the court may issue a published opinion that changes how similar cases are handled statewide. In others, the court may order further briefing or request supplemental arguments. Occasionally, an appeal leads to settlement discussions or even dismissal of certain counts before remand.

Whatever the outcome, the purpose of a direct criminal appeal is accountability—to ensure that legal errors are corrected and justice is restored.

At Power Trial Lawyers, we prepare each appeal as though it could set precedent. Every argument, every citation, and every page of the brief is designed to protect the client’s liberty and open every possible path to relief.

Why Hiring an Experienced Criminal Appeals Lawyer Is Critical

The appellate system in California is unlike anything encountered at the trial level. The process is dominated by written arguments, legal research, and a nuanced understanding of judicial reasoning. Choosing who will represent you on appeal can determine whether the justices see your case as compelling or dismissible.

1. The Distinction Between Trial and Appellate Law

A trial attorney’s focus is on witnesses, evidence, and persuading juries. An appellate attorney’s focus is on the record and the law. The Court of Appeal does not reweigh facts; it reviews whether the law was correctly applied.

That means success on appeal depends less on storytelling and more on identifying errors and framing them within constitutional and statutory principles. An appellate lawyer must master both the trial transcript and the fine points of appellate procedure.

When you file a criminal appeal in California, the attorney must know how to navigate record preparation, file timely briefs, and argue persuasively before justices who read hundreds of cases each month. The difference between a generalist and a dedicated appellate lawyer is enormous.

2. The Power Trial Lawyers Approach

At Power Trial Lawyers, appellate defense is not an afterthought—it’s a core practice area. Our team routinely represents clients across Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties in felony and misdemeanor appeals.

Every case begins with a forensic review of the trial record. We look for structural errors—those that require automatic reversal—such as denial of the right to counsel or jury tampering. We also look for prejudicial errors, procedural irregularities, and new legal developments that may apply retroactively.

Then we translate those findings into precise, persuasive written briefs. Our attorneys write for judges, not juries, crafting arguments that command respect. That’s how we’ve helped countless clients overturn convictions or achieve substantial sentence reductions through the direct criminal appeal process.

3. The Value of Experience

An appellate attorney’s reputation matters. The justices who read your case recognize the names of frequent, competent advocates. When Power Trial Lawyers files a brief, the court knows it will be professionally written, well-researched, and credible.

We also maintain close familiarity with California’s legislative updates and Supreme Court opinions—critical when new statutes retroactively affect sentencing. A well-timed appeal can secure resentencing under these laws and restore years of freedom.

4. Client Communication and Transparency

Appeals can take months or even years. During that time, clients and families deserve clarity. We provide regular updates, explain each stage, and ensure that everyone understands the process and expectations. Many families tell us that having clear communication is as valuable as the legal victory itself.

Hiring the right attorney for your direct criminal appeal means more than filing paperwork—it means entrusting your future to specialists who live and breathe appellate law.

FAQs About Felony Appeals in California

How long do I have to appeal my conviction?
You have 60 days from the date of judgment to file a criminal appeal in California. Missing that deadline generally ends the right to appellate review. Contact an appellate lawyer immediately after sentencing to preserve your rights.

Can I introduce new evidence on appeal?
No. A direct criminal appeal is limited to the trial record. However, if new evidence arises (such as witness recantation or withheld material), your attorney may pursue a separate habeas corpus petition.

What is the difference between a direct appeal and a habeas corpus petition?
A direct appeal challenges legal errors in the existing record. A habeas corpus petition introduces new evidence or claims that were not part of the record, such as ineffective assistance of counsel or newly discovered proof of innocence. Many defendants pursue both remedies sequentially.

Can I appeal a guilty plea?
Sometimes. If you entered a plea but certain rights were violated—such as not being advised of consequences or a sentencing error—you may still be able to appeal a felony conviction in California. Your attorney will review the transcript to confirm whether appeal rights were waived or preserved.

How long does the appeal process take?
A typical direct criminal appeal can take between 12 and 24 months from filing to decision, depending on court workload and complexity. During this time, your attorney will keep you informed of every filing, deadline, and development.

Do I need the same lawyer who handled my trial?
No. In fact, it’s often better to hire a new attorney for the appeal. Appellate lawyers bring fresh perspective and are trained to identify mistakes that trial counsel may overlook.

What happens if I win my appeal?
If you win, the appellate court may reverse the conviction, order a new trial, or remand the case for resentencing. Each of these outcomes can dramatically improve your position and, in some cases, lead to release from custody.

Is an appeal worth it?
If errors occurred, absolutely. The appellate courts exist to correct injustice. Many clients who thought their cases were over later achieved freedom through appeals handled by experienced counsel.

Glossary of Key Appellate Terms

Appellant: The party appealing the conviction. In criminal cases, this is usually the defendant.

Respondent: The opposing party, typically represented by the California Attorney General.

Notice of Appeal: The formal document that begins the appellate process and preserves your right to review.

Record on Appeal: The complete set of documents and transcripts from the trial court proceedings.

Opening Brief: The written argument filed by the appellant explaining the legal errors and requested relief.

Respondent’s Brief: The prosecution’s written response defending the conviction.

Reply Brief: The appellant’s final written opportunity to rebut the prosecution’s arguments.

Oral Argument: The stage where attorneys present their positions and answer judges’ questions.

Remand: When the appellate court sends the case back to the trial court for further proceedings.

Prejudicial Error: A legal mistake that likely affected the outcome of the case.

Understanding these terms makes the appellate journey clearer and reduces uncertainty during the process.

Consult with a California Criminal Appeals Lawyer Today

If you or a loved one has recently been sentenced in California, time is critical. You have only 60 days to file a criminal appeal in California and preserve the right to review. Once that deadline passes, the opportunity may be lost forever.

Power Trial Lawyers represents clients statewide in all appellate districts. Whether your case was in Los Angeles, Orange County, Riverside, San Bernardino, or San Diego, our attorneys have the experience, discipline, and commitment to fight for your rights.

When you appeal a felony conviction in California, you need a legal team that understands every nuance of appellate procedure and can translate trial errors into compelling legal arguments. Our firm has handled complex appeals involving everything from life sentences to white-collar convictions, and we treat every case with the urgency and care it deserves.

Call (888) 808-2179 or complete the confidential consultation form to start your direct criminal appeal today. Justice doesn’t end with conviction—it begins with the decision to challenge it.