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ER SUPERIOR COURT I RACTIO PPEAL Th attached forms should be typed or completed in blu or bla k ink, neatly and clearly,

I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

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Page 1: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

ER SUPERIOR COURT

I RACTIO

PPEAL

Th attached forms should be typed or completed in

blu or bla k ink neatly and clearly

Overview appeal is when someone

to This is is called the appellant other is in an a court reviews the order or judgment a lower court to see if there was support the judgment or whether errors of

loses at least part a case asks a to appeal The person that files

law were committed during or trial which party

bull If original decision was made by the Superior Court in an unlimited civil

case family probate juvenile or a felony case the appeal is to the

District of Appeals

If the decision appealed from was in a limited civil case traffic infraction

or a misdemeanor case type the appeal is to Appellate of

higher court decisionjudgm

the authority to affirm reverse or m rendered by lower

Filing a Notie of Appeal The first step in an appeal is filing written Notice Appeal This notice tells the other parties in the case and the court that you are appealing a decision the trial court

The of Appeal must Unit For the Notice

within 30 days from the courts order

The list of forms for an infraction appeal are

above are in this packet You may download a fill able form

click on

you can to the link below

--

CR-141-INFO Information on Appeal Procedures for Infractions

For information about appeal procedures in other cases see

bull Information on Appeal Procedures for Misdemeanors (form CR-131-INFO)

bull Inormation on Appeal Procedures for Limited Civil Cases (form APP-J 0 J-INFO)

You can get these forms at allY courthouse or county law library or online at wwwcourtscagovlforms

prejudicial error) Prejudicial error can include things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appcllant When it conducts its revicw the appellate division presumes that the judgment order or other decision being appealed is correct It is the responsibility of Ihe appellant to show the appellatc division that an error was made and that the error was harmful

bull No substantial evidence The appellant may also ask the appellate division tu determine if there was substantial evidence supporting the judgment order or other decision being appcaled When it conducts its review the appellate division only looks to see if there was ev idence that reasonably supp0l1S the decision The appellate division generally will not reconsider the trial courts conclusion about which side had more or stronger evidence or whether witnesses were telling the truth or lying

The appellate division generlllly will not overturn the judgment order or other decision being appealed unless the recold clearly shows that one of these legal errors was made

CD Do I need a lawyer to appeal

You do not have to have a lawyer you are allowed to represent yourself in an appeal in an infraction case But appeals can be complicated and you will have to follow the sallle rules that lawyers have to follow I[you have any questions about the appeal procedures you should tCllk to a lawyer You will need to hire a lawyer yourself if you want one You can get information about finding a lawyer on the California Courts Online Self-Help Center at wwwcourscagovlseljhefp-ol1co5Ihelp hIm

GJ What does this information sheet cover

This information sheet tells you about appeals in infraction cases It is only meant to give YOll a gencral idea oCtile appeal process so it does not covel cverything you may nced to know about appeals ill infraction eascs To learn more you should read rules 8900- 8929 of the California Rules orCoul which set out the procedures for infraction appeals You can gel these rules at any courthollsc or county law library or onl ine at wwwcourscagovlrules

~ What is an infraction

Infractions are crimes that can be punished by a fine traffic school or some forlll of community service but not by time injail or prison (See Penal Code scctions 17 19 6 and 198 You can get a copy of these laws at

hltplleginfolegisfalurecagovlacescodesxhlml) Examples of infractions are many traffic violatiolls for which you can get a ticket or violations of some city or county ordinances for which you can get a citation If you were also charged with or convicted of a III isdemeanor then your case is a m isdcmeanor case not an infraction case

CD What is an appeal

An appeal is a request to a higher cOUI1 to review a ruling or decision made by a lower court In an infraction case the court hearing the appenl is the appellate division of the superior court and the lower court-called the trial court ill this information sheet-is the snperior court

It is import3ntlo understand that an appelll is NOT a new trial The appellale division will not consider llew evidence such as the testimony of new witnesses 01 new exhibits The appellate divisionsjob is to review n record of what happened in the trial court and tile trial courts decision to see if certain kinds of legal errors were made in the case

bull Prejudicial error The paI1y that appeals (called the appellant) may ask the appellClte divi sion to determine ifan error was made about either the law or court procedures in the cnsc that caused substantial harm to tile appellant (this is called

J UJH I ll C~unc I or C~UOlnl1 ~WI courl l l bull 1 (JOV CR-141-INFO Page 1 of 8 Rttv Januw)l 1 201 t Oph~J FCrt l t Information on Appeal Procedures Cll R~ll ()f Coull lJ le~ B 900e 929 for Infractions Essential rnFormsmiddot

CRmiddot141middotINFO Information on Appeal Procedures for Infractions

I f you are representing yoursel f you must put your address telephone number fax number (if available) and e-mail address (if available) on the cover of every document you file with the eOlllt and let the court know if this contact information changes so that the court can eon~ctyoll ifneeded

o Who can appeal

Only a party in the trial court case can appeal a decision in that case You may not appeal on behalf of a friend a spouse a child or another relative

The party that is appealing is called the APPELLANT in an infraction case this is usually the party convicted of committing the infraction The other party is called the RESPONDENT in an infraction case this is usually the government agency that tiled the criminal charges (on court papers this party is called the People of the State of California)

CD Can I appeal any decision that the trial court made

No Generally you lTIay appeal only a final judgment of the trial court- the decision at the end that decides the whole case The final judgment includes the punishment that the COllrt imposed Other rulings made by the trial COUlt before final judgment cannot be separately a ppea lcd but can be rev iewed only later as part of an appeal of the final judgment In an infraction case the party that was convicted of committing an infraction usually appeals that conviction or the sentence (the fine or other punishment) ordered by the trial court In an infraction case a party can also appeal from an order made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 1466(2)(B) You can get a copy of this law at hupeginfolegis a~Ie co govljaceslcodes xhlm)

C- How do I start my appeal

First you must file a notice of appeal The notice of appeal tells the other party in the case and the trial CaLIrI that you are appealing the trial courts decision YOll may lise Noice ojAppea ond Record on Appeal (Infraction) (form CR-142) to prepare and file a notice of appeal in an inflaction case YOll can get

forlll CR-142 at any courthouse or county law I ibrary or online at wwwcourlscagovljormshlm

8) Is there a deadline for filing my notice - of appeal

Yes In an infraction case you must file your notice of appeal within 30 uays after the trial court makes (renders) its judgment in your case or issues the order you are appeal ing The date the trial court makes its judgment is normally the date the trial COUlt orders you to pay a fine or orders other punishment ill your case (sentences you) This deadline for filing the notice of appeal canllot be extended Ifyour notice of appeal is late the appelate division will not be able to consider your appeal

o How do I file my notice of appeal

To file the notice of appeal in an infraction case you must bring or mai I the original notice of appeal to the clerk of the trial court in which you were convicted of the infraction It is a good idea to bring or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed

There is no fee for filing the notice of appeal in an infraction case You can ask the clerk of that court if there are any other requirements for filing your notice of appeal

After you file your notice of appeal the clerk will send a copy of your notice to the office of the prosecuting attorney (for example the district altofllcy county coullsel city attorney or state Attorney General)

(0) If I file a notice of appeal do I still have ~ to pay my fine or complete other parts

of my punishment

Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine or completing any other part of your sentence To postpone your sentence you mllst ask the trial COUlt for a stay of the judgment If you want stay you Illllst first ask the trial court for a stay You can also apply to the appellate division for a stay but you Illllst show in yolJl application to the appellate division that you first asked the trial court for a stay and that the trial COUI1

CR-141-INFO Page 2 of 8 Information on Appeal Procedures

Essential for Infractions0 Formsshy

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request Your fine or other parts of your punishment will not be postponed unless the trial court or appellate division grants a stay If you do not get a stay and you do not pay your fine or satisfy another part of your sentcncc by the date ordered by the COUI1 a warralit may be issucd for your arrest or a civil collections process llIay be stalied against you which could result in a civil penalty being added to your fine

S Is there anything else I need to do when I file my notice of appeal

Yes When you Ii Ie your notice of appeal you 1l1ust tell the trial couli (I) whether you have agreed with the respondent (stipulated) that you do not need pmts of the normal record on appeal and (2) whcther YOll want a record of what was said in the trial court (this is called a record of the oral proceedings) sent to the appellate division and if so what form of that record you want to lise Notice ojJppeal and Record on Appeal (Infraction) (form CR-142) includes boxes you can check to tell the court whether and how YOll want to provide this record

(V In what cases does the appellate ~ division need a record of the oral

proceedings

You do not have to send the appellate division u record of what was said in the trial court But if you want 10

rilise any issue in yom (Jppe(J1 that would require the appellate division to consider what was said in the trial court the appellate division will need a record of these oral proceedings For example ifyoll are claiming that there was not substantiill evidencc suppOliing the jlldgment order or other decision you ilrc appealing the appellatc division will need a record of tile oral proceedings Since the appeliMe division judges were not there for the proceedings in the trial court an official reeord of these proceedings must be prepared and sent to the appellate cOlll1 for its review

Depending 011 what form of the record you choose to lise you will be responsible for paying to have the official record of the oml proceedings prepared (ulliess you arc indigent) or for preparing (lll initi(J1 dnlft of tile record yourself If you do not take care of these responsibilities a record of the oral proceedings in the trial court wi II not be prepared and sent to (he appellate division If the appellate division does not receive the

record it will not be able to consider what was said in the trial court in dceiding whether a legal error was made and it may dismiss YOllr appeal

(0 What are the different forms of the record

There are three ways a reeord of the oral proceedings in a trial eOllrt can be prepared and provided to the appell(Jte division in an infraction c(Jse

u YOli can use a statement on appeal

b If the proceedings were officially elcctronically recorded thc trial court can have a transcript prepared from the recording or if the cOllrt has a local rule permitting this ilnd all the pmties agree (stipulate) you can lise the official electronic recording itself as the record instead of a transcript

c If a court reporter was there during the trial cOUli proceedings the reporter Ciln prepare a record called a reporters transcript

Read below for morc information about these options

a Statement on appeal

Description A statement on appeal is a sUlllmary of the trial court proceedings approved by the trial court judge who conducted the trial court proceedings (the term judge includes commissioners and temporary judges)

When available If the trial court proeeedings were not recorded either by (J court reporter or by official electronic recording equipment or if you do not want to use either of these forms of the record YOLi can choose (elect) to Lise it statement on appeal as the record oflhe oral proceedings in the trial court (please note that it Illay take more ofyollr time to prepare a statement on appeal than to lise either a reporters transcript or electronic recording if they are avai lable)

Conlenls A statemcnt on ilppeal ll1ust include

bull A statement of the points yOll (the appell(lllt) arc raising on appeal

bull A summary of the trial COlll1 s rulings and j lldgment and

CR-141-INFO Page 3 of 8 Information on Appeal Procedures Essential for Infractions 7) __~Formsshy

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 2: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Overview appeal is when someone

to This is is called the appellant other is in an a court reviews the order or judgment a lower court to see if there was support the judgment or whether errors of

loses at least part a case asks a to appeal The person that files

law were committed during or trial which party

bull If original decision was made by the Superior Court in an unlimited civil

case family probate juvenile or a felony case the appeal is to the

District of Appeals

If the decision appealed from was in a limited civil case traffic infraction

or a misdemeanor case type the appeal is to Appellate of

higher court decisionjudgm

the authority to affirm reverse or m rendered by lower

Filing a Notie of Appeal The first step in an appeal is filing written Notice Appeal This notice tells the other parties in the case and the court that you are appealing a decision the trial court

The of Appeal must Unit For the Notice

within 30 days from the courts order

The list of forms for an infraction appeal are

above are in this packet You may download a fill able form

click on

you can to the link below

--

CR-141-INFO Information on Appeal Procedures for Infractions

For information about appeal procedures in other cases see

bull Information on Appeal Procedures for Misdemeanors (form CR-131-INFO)

bull Inormation on Appeal Procedures for Limited Civil Cases (form APP-J 0 J-INFO)

You can get these forms at allY courthouse or county law library or online at wwwcourtscagovlforms

prejudicial error) Prejudicial error can include things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appcllant When it conducts its revicw the appellate division presumes that the judgment order or other decision being appealed is correct It is the responsibility of Ihe appellant to show the appellatc division that an error was made and that the error was harmful

bull No substantial evidence The appellant may also ask the appellate division tu determine if there was substantial evidence supporting the judgment order or other decision being appcaled When it conducts its review the appellate division only looks to see if there was ev idence that reasonably supp0l1S the decision The appellate division generally will not reconsider the trial courts conclusion about which side had more or stronger evidence or whether witnesses were telling the truth or lying

The appellate division generlllly will not overturn the judgment order or other decision being appealed unless the recold clearly shows that one of these legal errors was made

CD Do I need a lawyer to appeal

You do not have to have a lawyer you are allowed to represent yourself in an appeal in an infraction case But appeals can be complicated and you will have to follow the sallle rules that lawyers have to follow I[you have any questions about the appeal procedures you should tCllk to a lawyer You will need to hire a lawyer yourself if you want one You can get information about finding a lawyer on the California Courts Online Self-Help Center at wwwcourscagovlseljhefp-ol1co5Ihelp hIm

GJ What does this information sheet cover

This information sheet tells you about appeals in infraction cases It is only meant to give YOll a gencral idea oCtile appeal process so it does not covel cverything you may nced to know about appeals ill infraction eascs To learn more you should read rules 8900- 8929 of the California Rules orCoul which set out the procedures for infraction appeals You can gel these rules at any courthollsc or county law library or onl ine at wwwcourscagovlrules

~ What is an infraction

Infractions are crimes that can be punished by a fine traffic school or some forlll of community service but not by time injail or prison (See Penal Code scctions 17 19 6 and 198 You can get a copy of these laws at

hltplleginfolegisfalurecagovlacescodesxhlml) Examples of infractions are many traffic violatiolls for which you can get a ticket or violations of some city or county ordinances for which you can get a citation If you were also charged with or convicted of a III isdemeanor then your case is a m isdcmeanor case not an infraction case

CD What is an appeal

An appeal is a request to a higher cOUI1 to review a ruling or decision made by a lower court In an infraction case the court hearing the appenl is the appellate division of the superior court and the lower court-called the trial court ill this information sheet-is the snperior court

It is import3ntlo understand that an appelll is NOT a new trial The appellale division will not consider llew evidence such as the testimony of new witnesses 01 new exhibits The appellate divisionsjob is to review n record of what happened in the trial court and tile trial courts decision to see if certain kinds of legal errors were made in the case

bull Prejudicial error The paI1y that appeals (called the appellant) may ask the appellClte divi sion to determine ifan error was made about either the law or court procedures in the cnsc that caused substantial harm to tile appellant (this is called

J UJH I ll C~unc I or C~UOlnl1 ~WI courl l l bull 1 (JOV CR-141-INFO Page 1 of 8 Rttv Januw)l 1 201 t Oph~J FCrt l t Information on Appeal Procedures Cll R~ll ()f Coull lJ le~ B 900e 929 for Infractions Essential rnFormsmiddot

CRmiddot141middotINFO Information on Appeal Procedures for Infractions

I f you are representing yoursel f you must put your address telephone number fax number (if available) and e-mail address (if available) on the cover of every document you file with the eOlllt and let the court know if this contact information changes so that the court can eon~ctyoll ifneeded

o Who can appeal

Only a party in the trial court case can appeal a decision in that case You may not appeal on behalf of a friend a spouse a child or another relative

The party that is appealing is called the APPELLANT in an infraction case this is usually the party convicted of committing the infraction The other party is called the RESPONDENT in an infraction case this is usually the government agency that tiled the criminal charges (on court papers this party is called the People of the State of California)

CD Can I appeal any decision that the trial court made

No Generally you lTIay appeal only a final judgment of the trial court- the decision at the end that decides the whole case The final judgment includes the punishment that the COllrt imposed Other rulings made by the trial COUlt before final judgment cannot be separately a ppea lcd but can be rev iewed only later as part of an appeal of the final judgment In an infraction case the party that was convicted of committing an infraction usually appeals that conviction or the sentence (the fine or other punishment) ordered by the trial court In an infraction case a party can also appeal from an order made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 1466(2)(B) You can get a copy of this law at hupeginfolegis a~Ie co govljaceslcodes xhlm)

C- How do I start my appeal

First you must file a notice of appeal The notice of appeal tells the other party in the case and the trial CaLIrI that you are appealing the trial courts decision YOll may lise Noice ojAppea ond Record on Appeal (Infraction) (form CR-142) to prepare and file a notice of appeal in an inflaction case YOll can get

forlll CR-142 at any courthouse or county law I ibrary or online at wwwcourlscagovljormshlm

8) Is there a deadline for filing my notice - of appeal

Yes In an infraction case you must file your notice of appeal within 30 uays after the trial court makes (renders) its judgment in your case or issues the order you are appeal ing The date the trial court makes its judgment is normally the date the trial COUlt orders you to pay a fine or orders other punishment ill your case (sentences you) This deadline for filing the notice of appeal canllot be extended Ifyour notice of appeal is late the appelate division will not be able to consider your appeal

o How do I file my notice of appeal

To file the notice of appeal in an infraction case you must bring or mai I the original notice of appeal to the clerk of the trial court in which you were convicted of the infraction It is a good idea to bring or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed

There is no fee for filing the notice of appeal in an infraction case You can ask the clerk of that court if there are any other requirements for filing your notice of appeal

After you file your notice of appeal the clerk will send a copy of your notice to the office of the prosecuting attorney (for example the district altofllcy county coullsel city attorney or state Attorney General)

(0) If I file a notice of appeal do I still have ~ to pay my fine or complete other parts

of my punishment

Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine or completing any other part of your sentence To postpone your sentence you mllst ask the trial COUlt for a stay of the judgment If you want stay you Illllst first ask the trial court for a stay You can also apply to the appellate division for a stay but you Illllst show in yolJl application to the appellate division that you first asked the trial court for a stay and that the trial COUI1

CR-141-INFO Page 2 of 8 Information on Appeal Procedures

Essential for Infractions0 Formsshy

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request Your fine or other parts of your punishment will not be postponed unless the trial court or appellate division grants a stay If you do not get a stay and you do not pay your fine or satisfy another part of your sentcncc by the date ordered by the COUI1 a warralit may be issucd for your arrest or a civil collections process llIay be stalied against you which could result in a civil penalty being added to your fine

S Is there anything else I need to do when I file my notice of appeal

Yes When you Ii Ie your notice of appeal you 1l1ust tell the trial couli (I) whether you have agreed with the respondent (stipulated) that you do not need pmts of the normal record on appeal and (2) whcther YOll want a record of what was said in the trial court (this is called a record of the oral proceedings) sent to the appellate division and if so what form of that record you want to lise Notice ojJppeal and Record on Appeal (Infraction) (form CR-142) includes boxes you can check to tell the court whether and how YOll want to provide this record

(V In what cases does the appellate ~ division need a record of the oral

proceedings

You do not have to send the appellate division u record of what was said in the trial court But if you want 10

rilise any issue in yom (Jppe(J1 that would require the appellate division to consider what was said in the trial court the appellate division will need a record of these oral proceedings For example ifyoll are claiming that there was not substantiill evidencc suppOliing the jlldgment order or other decision you ilrc appealing the appellatc division will need a record of tile oral proceedings Since the appeliMe division judges were not there for the proceedings in the trial court an official reeord of these proceedings must be prepared and sent to the appellate cOlll1 for its review

Depending 011 what form of the record you choose to lise you will be responsible for paying to have the official record of the oml proceedings prepared (ulliess you arc indigent) or for preparing (lll initi(J1 dnlft of tile record yourself If you do not take care of these responsibilities a record of the oral proceedings in the trial court wi II not be prepared and sent to (he appellate division If the appellate division does not receive the

record it will not be able to consider what was said in the trial court in dceiding whether a legal error was made and it may dismiss YOllr appeal

(0 What are the different forms of the record

There are three ways a reeord of the oral proceedings in a trial eOllrt can be prepared and provided to the appell(Jte division in an infraction c(Jse

u YOli can use a statement on appeal

b If the proceedings were officially elcctronically recorded thc trial court can have a transcript prepared from the recording or if the cOllrt has a local rule permitting this ilnd all the pmties agree (stipulate) you can lise the official electronic recording itself as the record instead of a transcript

c If a court reporter was there during the trial cOUli proceedings the reporter Ciln prepare a record called a reporters transcript

Read below for morc information about these options

a Statement on appeal

Description A statement on appeal is a sUlllmary of the trial court proceedings approved by the trial court judge who conducted the trial court proceedings (the term judge includes commissioners and temporary judges)

When available If the trial court proeeedings were not recorded either by (J court reporter or by official electronic recording equipment or if you do not want to use either of these forms of the record YOLi can choose (elect) to Lise it statement on appeal as the record oflhe oral proceedings in the trial court (please note that it Illay take more ofyollr time to prepare a statement on appeal than to lise either a reporters transcript or electronic recording if they are avai lable)

Conlenls A statemcnt on ilppeal ll1ust include

bull A statement of the points yOll (the appell(lllt) arc raising on appeal

bull A summary of the trial COlll1 s rulings and j lldgment and

CR-141-INFO Page 3 of 8 Information on Appeal Procedures Essential for Infractions 7) __~Formsshy

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 3: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

--

CR-141-INFO Information on Appeal Procedures for Infractions

For information about appeal procedures in other cases see

bull Information on Appeal Procedures for Misdemeanors (form CR-131-INFO)

bull Inormation on Appeal Procedures for Limited Civil Cases (form APP-J 0 J-INFO)

You can get these forms at allY courthouse or county law library or online at wwwcourtscagovlforms

prejudicial error) Prejudicial error can include things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appcllant When it conducts its revicw the appellate division presumes that the judgment order or other decision being appealed is correct It is the responsibility of Ihe appellant to show the appellatc division that an error was made and that the error was harmful

bull No substantial evidence The appellant may also ask the appellate division tu determine if there was substantial evidence supporting the judgment order or other decision being appcaled When it conducts its review the appellate division only looks to see if there was ev idence that reasonably supp0l1S the decision The appellate division generally will not reconsider the trial courts conclusion about which side had more or stronger evidence or whether witnesses were telling the truth or lying

The appellate division generlllly will not overturn the judgment order or other decision being appealed unless the recold clearly shows that one of these legal errors was made

CD Do I need a lawyer to appeal

You do not have to have a lawyer you are allowed to represent yourself in an appeal in an infraction case But appeals can be complicated and you will have to follow the sallle rules that lawyers have to follow I[you have any questions about the appeal procedures you should tCllk to a lawyer You will need to hire a lawyer yourself if you want one You can get information about finding a lawyer on the California Courts Online Self-Help Center at wwwcourscagovlseljhefp-ol1co5Ihelp hIm

GJ What does this information sheet cover

This information sheet tells you about appeals in infraction cases It is only meant to give YOll a gencral idea oCtile appeal process so it does not covel cverything you may nced to know about appeals ill infraction eascs To learn more you should read rules 8900- 8929 of the California Rules orCoul which set out the procedures for infraction appeals You can gel these rules at any courthollsc or county law library or onl ine at wwwcourscagovlrules

~ What is an infraction

Infractions are crimes that can be punished by a fine traffic school or some forlll of community service but not by time injail or prison (See Penal Code scctions 17 19 6 and 198 You can get a copy of these laws at

hltplleginfolegisfalurecagovlacescodesxhlml) Examples of infractions are many traffic violatiolls for which you can get a ticket or violations of some city or county ordinances for which you can get a citation If you were also charged with or convicted of a III isdemeanor then your case is a m isdcmeanor case not an infraction case

CD What is an appeal

An appeal is a request to a higher cOUI1 to review a ruling or decision made by a lower court In an infraction case the court hearing the appenl is the appellate division of the superior court and the lower court-called the trial court ill this information sheet-is the snperior court

It is import3ntlo understand that an appelll is NOT a new trial The appellale division will not consider llew evidence such as the testimony of new witnesses 01 new exhibits The appellate divisionsjob is to review n record of what happened in the trial court and tile trial courts decision to see if certain kinds of legal errors were made in the case

bull Prejudicial error The paI1y that appeals (called the appellant) may ask the appellClte divi sion to determine ifan error was made about either the law or court procedures in the cnsc that caused substantial harm to tile appellant (this is called

J UJH I ll C~unc I or C~UOlnl1 ~WI courl l l bull 1 (JOV CR-141-INFO Page 1 of 8 Rttv Januw)l 1 201 t Oph~J FCrt l t Information on Appeal Procedures Cll R~ll ()f Coull lJ le~ B 900e 929 for Infractions Essential rnFormsmiddot

CRmiddot141middotINFO Information on Appeal Procedures for Infractions

I f you are representing yoursel f you must put your address telephone number fax number (if available) and e-mail address (if available) on the cover of every document you file with the eOlllt and let the court know if this contact information changes so that the court can eon~ctyoll ifneeded

o Who can appeal

Only a party in the trial court case can appeal a decision in that case You may not appeal on behalf of a friend a spouse a child or another relative

The party that is appealing is called the APPELLANT in an infraction case this is usually the party convicted of committing the infraction The other party is called the RESPONDENT in an infraction case this is usually the government agency that tiled the criminal charges (on court papers this party is called the People of the State of California)

CD Can I appeal any decision that the trial court made

No Generally you lTIay appeal only a final judgment of the trial court- the decision at the end that decides the whole case The final judgment includes the punishment that the COllrt imposed Other rulings made by the trial COUlt before final judgment cannot be separately a ppea lcd but can be rev iewed only later as part of an appeal of the final judgment In an infraction case the party that was convicted of committing an infraction usually appeals that conviction or the sentence (the fine or other punishment) ordered by the trial court In an infraction case a party can also appeal from an order made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 1466(2)(B) You can get a copy of this law at hupeginfolegis a~Ie co govljaceslcodes xhlm)

C- How do I start my appeal

First you must file a notice of appeal The notice of appeal tells the other party in the case and the trial CaLIrI that you are appealing the trial courts decision YOll may lise Noice ojAppea ond Record on Appeal (Infraction) (form CR-142) to prepare and file a notice of appeal in an inflaction case YOll can get

forlll CR-142 at any courthouse or county law I ibrary or online at wwwcourlscagovljormshlm

8) Is there a deadline for filing my notice - of appeal

Yes In an infraction case you must file your notice of appeal within 30 uays after the trial court makes (renders) its judgment in your case or issues the order you are appeal ing The date the trial court makes its judgment is normally the date the trial COUlt orders you to pay a fine or orders other punishment ill your case (sentences you) This deadline for filing the notice of appeal canllot be extended Ifyour notice of appeal is late the appelate division will not be able to consider your appeal

o How do I file my notice of appeal

To file the notice of appeal in an infraction case you must bring or mai I the original notice of appeal to the clerk of the trial court in which you were convicted of the infraction It is a good idea to bring or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed

There is no fee for filing the notice of appeal in an infraction case You can ask the clerk of that court if there are any other requirements for filing your notice of appeal

After you file your notice of appeal the clerk will send a copy of your notice to the office of the prosecuting attorney (for example the district altofllcy county coullsel city attorney or state Attorney General)

(0) If I file a notice of appeal do I still have ~ to pay my fine or complete other parts

of my punishment

Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine or completing any other part of your sentence To postpone your sentence you mllst ask the trial COUlt for a stay of the judgment If you want stay you Illllst first ask the trial court for a stay You can also apply to the appellate division for a stay but you Illllst show in yolJl application to the appellate division that you first asked the trial court for a stay and that the trial COUI1

CR-141-INFO Page 2 of 8 Information on Appeal Procedures

Essential for Infractions0 Formsshy

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request Your fine or other parts of your punishment will not be postponed unless the trial court or appellate division grants a stay If you do not get a stay and you do not pay your fine or satisfy another part of your sentcncc by the date ordered by the COUI1 a warralit may be issucd for your arrest or a civil collections process llIay be stalied against you which could result in a civil penalty being added to your fine

S Is there anything else I need to do when I file my notice of appeal

Yes When you Ii Ie your notice of appeal you 1l1ust tell the trial couli (I) whether you have agreed with the respondent (stipulated) that you do not need pmts of the normal record on appeal and (2) whcther YOll want a record of what was said in the trial court (this is called a record of the oral proceedings) sent to the appellate division and if so what form of that record you want to lise Notice ojJppeal and Record on Appeal (Infraction) (form CR-142) includes boxes you can check to tell the court whether and how YOll want to provide this record

(V In what cases does the appellate ~ division need a record of the oral

proceedings

You do not have to send the appellate division u record of what was said in the trial court But if you want 10

rilise any issue in yom (Jppe(J1 that would require the appellate division to consider what was said in the trial court the appellate division will need a record of these oral proceedings For example ifyoll are claiming that there was not substantiill evidencc suppOliing the jlldgment order or other decision you ilrc appealing the appellatc division will need a record of tile oral proceedings Since the appeliMe division judges were not there for the proceedings in the trial court an official reeord of these proceedings must be prepared and sent to the appellate cOlll1 for its review

Depending 011 what form of the record you choose to lise you will be responsible for paying to have the official record of the oml proceedings prepared (ulliess you arc indigent) or for preparing (lll initi(J1 dnlft of tile record yourself If you do not take care of these responsibilities a record of the oral proceedings in the trial court wi II not be prepared and sent to (he appellate division If the appellate division does not receive the

record it will not be able to consider what was said in the trial court in dceiding whether a legal error was made and it may dismiss YOllr appeal

(0 What are the different forms of the record

There are three ways a reeord of the oral proceedings in a trial eOllrt can be prepared and provided to the appell(Jte division in an infraction c(Jse

u YOli can use a statement on appeal

b If the proceedings were officially elcctronically recorded thc trial court can have a transcript prepared from the recording or if the cOllrt has a local rule permitting this ilnd all the pmties agree (stipulate) you can lise the official electronic recording itself as the record instead of a transcript

c If a court reporter was there during the trial cOUli proceedings the reporter Ciln prepare a record called a reporters transcript

Read below for morc information about these options

a Statement on appeal

Description A statement on appeal is a sUlllmary of the trial court proceedings approved by the trial court judge who conducted the trial court proceedings (the term judge includes commissioners and temporary judges)

When available If the trial court proeeedings were not recorded either by (J court reporter or by official electronic recording equipment or if you do not want to use either of these forms of the record YOLi can choose (elect) to Lise it statement on appeal as the record oflhe oral proceedings in the trial court (please note that it Illay take more ofyollr time to prepare a statement on appeal than to lise either a reporters transcript or electronic recording if they are avai lable)

Conlenls A statemcnt on ilppeal ll1ust include

bull A statement of the points yOll (the appell(lllt) arc raising on appeal

bull A summary of the trial COlll1 s rulings and j lldgment and

CR-141-INFO Page 3 of 8 Information on Appeal Procedures Essential for Infractions 7) __~Formsshy

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 4: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

CRmiddot141middotINFO Information on Appeal Procedures for Infractions

I f you are representing yoursel f you must put your address telephone number fax number (if available) and e-mail address (if available) on the cover of every document you file with the eOlllt and let the court know if this contact information changes so that the court can eon~ctyoll ifneeded

o Who can appeal

Only a party in the trial court case can appeal a decision in that case You may not appeal on behalf of a friend a spouse a child or another relative

The party that is appealing is called the APPELLANT in an infraction case this is usually the party convicted of committing the infraction The other party is called the RESPONDENT in an infraction case this is usually the government agency that tiled the criminal charges (on court papers this party is called the People of the State of California)

CD Can I appeal any decision that the trial court made

No Generally you lTIay appeal only a final judgment of the trial court- the decision at the end that decides the whole case The final judgment includes the punishment that the COllrt imposed Other rulings made by the trial COUlt before final judgment cannot be separately a ppea lcd but can be rev iewed only later as part of an appeal of the final judgment In an infraction case the party that was convicted of committing an infraction usually appeals that conviction or the sentence (the fine or other punishment) ordered by the trial court In an infraction case a party can also appeal from an order made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 1466(2)(B) You can get a copy of this law at hupeginfolegis a~Ie co govljaceslcodes xhlm)

C- How do I start my appeal

First you must file a notice of appeal The notice of appeal tells the other party in the case and the trial CaLIrI that you are appealing the trial courts decision YOll may lise Noice ojAppea ond Record on Appeal (Infraction) (form CR-142) to prepare and file a notice of appeal in an inflaction case YOll can get

forlll CR-142 at any courthouse or county law I ibrary or online at wwwcourlscagovljormshlm

8) Is there a deadline for filing my notice - of appeal

Yes In an infraction case you must file your notice of appeal within 30 uays after the trial court makes (renders) its judgment in your case or issues the order you are appeal ing The date the trial court makes its judgment is normally the date the trial COUlt orders you to pay a fine or orders other punishment ill your case (sentences you) This deadline for filing the notice of appeal canllot be extended Ifyour notice of appeal is late the appelate division will not be able to consider your appeal

o How do I file my notice of appeal

To file the notice of appeal in an infraction case you must bring or mai I the original notice of appeal to the clerk of the trial court in which you were convicted of the infraction It is a good idea to bring or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed

There is no fee for filing the notice of appeal in an infraction case You can ask the clerk of that court if there are any other requirements for filing your notice of appeal

After you file your notice of appeal the clerk will send a copy of your notice to the office of the prosecuting attorney (for example the district altofllcy county coullsel city attorney or state Attorney General)

(0) If I file a notice of appeal do I still have ~ to pay my fine or complete other parts

of my punishment

Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine or completing any other part of your sentence To postpone your sentence you mllst ask the trial COUlt for a stay of the judgment If you want stay you Illllst first ask the trial court for a stay You can also apply to the appellate division for a stay but you Illllst show in yolJl application to the appellate division that you first asked the trial court for a stay and that the trial COUI1

CR-141-INFO Page 2 of 8 Information on Appeal Procedures

Essential for Infractions0 Formsshy

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request Your fine or other parts of your punishment will not be postponed unless the trial court or appellate division grants a stay If you do not get a stay and you do not pay your fine or satisfy another part of your sentcncc by the date ordered by the COUI1 a warralit may be issucd for your arrest or a civil collections process llIay be stalied against you which could result in a civil penalty being added to your fine

S Is there anything else I need to do when I file my notice of appeal

Yes When you Ii Ie your notice of appeal you 1l1ust tell the trial couli (I) whether you have agreed with the respondent (stipulated) that you do not need pmts of the normal record on appeal and (2) whcther YOll want a record of what was said in the trial court (this is called a record of the oral proceedings) sent to the appellate division and if so what form of that record you want to lise Notice ojJppeal and Record on Appeal (Infraction) (form CR-142) includes boxes you can check to tell the court whether and how YOll want to provide this record

(V In what cases does the appellate ~ division need a record of the oral

proceedings

You do not have to send the appellate division u record of what was said in the trial court But if you want 10

rilise any issue in yom (Jppe(J1 that would require the appellate division to consider what was said in the trial court the appellate division will need a record of these oral proceedings For example ifyoll are claiming that there was not substantiill evidencc suppOliing the jlldgment order or other decision you ilrc appealing the appellatc division will need a record of tile oral proceedings Since the appeliMe division judges were not there for the proceedings in the trial court an official reeord of these proceedings must be prepared and sent to the appellate cOlll1 for its review

Depending 011 what form of the record you choose to lise you will be responsible for paying to have the official record of the oml proceedings prepared (ulliess you arc indigent) or for preparing (lll initi(J1 dnlft of tile record yourself If you do not take care of these responsibilities a record of the oral proceedings in the trial court wi II not be prepared and sent to (he appellate division If the appellate division does not receive the

record it will not be able to consider what was said in the trial court in dceiding whether a legal error was made and it may dismiss YOllr appeal

(0 What are the different forms of the record

There are three ways a reeord of the oral proceedings in a trial eOllrt can be prepared and provided to the appell(Jte division in an infraction c(Jse

u YOli can use a statement on appeal

b If the proceedings were officially elcctronically recorded thc trial court can have a transcript prepared from the recording or if the cOllrt has a local rule permitting this ilnd all the pmties agree (stipulate) you can lise the official electronic recording itself as the record instead of a transcript

c If a court reporter was there during the trial cOUli proceedings the reporter Ciln prepare a record called a reporters transcript

Read below for morc information about these options

a Statement on appeal

Description A statement on appeal is a sUlllmary of the trial court proceedings approved by the trial court judge who conducted the trial court proceedings (the term judge includes commissioners and temporary judges)

When available If the trial court proeeedings were not recorded either by (J court reporter or by official electronic recording equipment or if you do not want to use either of these forms of the record YOLi can choose (elect) to Lise it statement on appeal as the record oflhe oral proceedings in the trial court (please note that it Illay take more ofyollr time to prepare a statement on appeal than to lise either a reporters transcript or electronic recording if they are avai lable)

Conlenls A statemcnt on ilppeal ll1ust include

bull A statement of the points yOll (the appell(lllt) arc raising on appeal

bull A summary of the trial COlll1 s rulings and j lldgment and

CR-141-INFO Page 3 of 8 Information on Appeal Procedures Essential for Infractions 7) __~Formsshy

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 5: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request Your fine or other parts of your punishment will not be postponed unless the trial court or appellate division grants a stay If you do not get a stay and you do not pay your fine or satisfy another part of your sentcncc by the date ordered by the COUI1 a warralit may be issucd for your arrest or a civil collections process llIay be stalied against you which could result in a civil penalty being added to your fine

S Is there anything else I need to do when I file my notice of appeal

Yes When you Ii Ie your notice of appeal you 1l1ust tell the trial couli (I) whether you have agreed with the respondent (stipulated) that you do not need pmts of the normal record on appeal and (2) whcther YOll want a record of what was said in the trial court (this is called a record of the oral proceedings) sent to the appellate division and if so what form of that record you want to lise Notice ojJppeal and Record on Appeal (Infraction) (form CR-142) includes boxes you can check to tell the court whether and how YOll want to provide this record

(V In what cases does the appellate ~ division need a record of the oral

proceedings

You do not have to send the appellate division u record of what was said in the trial court But if you want 10

rilise any issue in yom (Jppe(J1 that would require the appellate division to consider what was said in the trial court the appellate division will need a record of these oral proceedings For example ifyoll are claiming that there was not substantiill evidencc suppOliing the jlldgment order or other decision you ilrc appealing the appellatc division will need a record of tile oral proceedings Since the appeliMe division judges were not there for the proceedings in the trial court an official reeord of these proceedings must be prepared and sent to the appellate cOlll1 for its review

Depending 011 what form of the record you choose to lise you will be responsible for paying to have the official record of the oml proceedings prepared (ulliess you arc indigent) or for preparing (lll initi(J1 dnlft of tile record yourself If you do not take care of these responsibilities a record of the oral proceedings in the trial court wi II not be prepared and sent to (he appellate division If the appellate division does not receive the

record it will not be able to consider what was said in the trial court in dceiding whether a legal error was made and it may dismiss YOllr appeal

(0 What are the different forms of the record

There are three ways a reeord of the oral proceedings in a trial eOllrt can be prepared and provided to the appell(Jte division in an infraction c(Jse

u YOli can use a statement on appeal

b If the proceedings were officially elcctronically recorded thc trial court can have a transcript prepared from the recording or if the cOllrt has a local rule permitting this ilnd all the pmties agree (stipulate) you can lise the official electronic recording itself as the record instead of a transcript

c If a court reporter was there during the trial cOUli proceedings the reporter Ciln prepare a record called a reporters transcript

Read below for morc information about these options

a Statement on appeal

Description A statement on appeal is a sUlllmary of the trial court proceedings approved by the trial court judge who conducted the trial court proceedings (the term judge includes commissioners and temporary judges)

When available If the trial court proeeedings were not recorded either by (J court reporter or by official electronic recording equipment or if you do not want to use either of these forms of the record YOLi can choose (elect) to Lise it statement on appeal as the record oflhe oral proceedings in the trial court (please note that it Illay take more ofyollr time to prepare a statement on appeal than to lise either a reporters transcript or electronic recording if they are avai lable)

Conlenls A statemcnt on ilppeal ll1ust include

bull A statement of the points yOll (the appell(lllt) arc raising on appeal

bull A summary of the trial COlll1 s rulings and j lldgment and

CR-141-INFO Page 3 of 8 Information on Appeal Procedures Essential for Infractions 7) __~Formsshy

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 6: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Information on Appeal Procedures for Infractions

bull A summary of the testimony of each witness and other evidence that is relevant to the issues you are on appea I

rule 8916 of the California Rules ofColirt fbr more information ab01lt what must be included in a statement on appeal and the for a statement You can gel a copy of this rule at any courthollse or county law library or online at wwwcourts

Preparing a proposed statement If you choose to LIse a statement on appeal YOLl must prepare a proposed statement IfyoLi are 110t by a lawyer you must use Proposed Statement on Appeal

(form CRmiddot143) to prepare your proposed statemcnt You can form CRmiddot (13 at any courthouse or county law I or online at wwwcourlsca govlforms

Serving amifiling l proposell stnlcmel1t Y Oll must serve and file your proposed statemcnt within 20

after you fi Ie your notice of appeal Serve and file means that you must

bull Have over 18 years old mail or electronically send the proposed statement to the attorney and any other pcllty in the way required by law lrthe proposed statement is mailed or personally delivered it must be by someone who is not a party to the case-so not you If the prosecuting attorney did 110t appear in your case you do not need to scrve the attorney

bull Make a record that the proposed statement has been servedfilis record is called a proof of service ProojojService (I1ppflale Division) (form APP-l 09) or ProofofElectronic Service (Appellate Division) (fcm11 APpmiddot J 09pound) can be lIsed to make this record rhe proof of service must show who served the proposed statement who was served with the iJroposed statement how the statement was served (by muil ill person or electronically) and the date the proposed statement was served

bull file the original proposed statement and the proof service with the trial court You should make a copy of the proposed statement you are planning 10 fife for your own records befim you file it with the court II is a idcl1 to or mai I 3n eXira copy of the proposed st8tement to the clerk when you fi Ie your origina I and ask the

cJerk to stamp this copy to show that the original has been fi led

YOil can ion about how to serve court papers and of service from What Is Proof

(form APP-I 09middotINFO) and on the California Courts Online Self-Help Center at www hIm

Reliew and modficlitions The prosecuting and any other party have 10 from the date you serve your proposed statement to serve and file proposed changes (called amendments) to this statcment The trial judge then reviews both your proposed statement and any proposed amendments filed the attomey and any other The then make or order you to make any

or modifications to Ihe proposed statemtnt that are meded to make sure that the statcment provides a complete and accurate summary of the reJevant testimony and other evidence

Completion aud certification If the judge makes or orders you to make any corrections or modifications to the proposed statement the corrected or modified statement will be senllo you the prosecuting

and any other for your review If you with ltlnyth ing the statement you 10 days from the date the statement is sent

to you to serve and file objections to the statement The then reviews any objections makes any additional corrections to the statemcnt and certifies the statement as a and accurate summary of the relevant testimony and other evidence

Sending (lte statementta the appellate division Once the trial judge celtifies the statement on appeal the trial courl clerk will send the statement to the appellate division along with the clerks trallscript

b Official electronic recording or transcript from official recording

When available In some infraction C(1ses lhe trial cOllrt proceedings arc officially recorded on approved electronic recording equipment [fyoUl case was officia I you call ask to have a transcript 18te division from the official electronic recording of the You should check with the trial COLll1 to see ifyour

electronically recorded before Some courts also have local

CR-141-INFO Page 4 of 8 Information on Appeal Procedures

for Infractions

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 7: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Information on Appeal Procedures for Infractions

rules that establish procedures for deciding whether a statement on appeal or a transcript of some of the oral proceedings will be a good enough record to consider the you are raising 011 appeal You should check whether the court has sLich a local rule

If the C01ll1 has a local rule for the appellate divisioll permitting this and all the parties agree a copy of the official electronic be lIsed as the record of these oral ings instead of preparing a transcript You should check with the trial court to see if your case was officially electron recorded and check to make sure that there is a local rule permitting the use of the

itself before this option I f you choose this option you must attach a copy of your agreement with the other parties (called a stipulation) to your notice the oral proceed

Cost Ordinarily the appellant must pay fol prcpsring the transcript or making a copy orthe official electronic recording The court will send you an estimate the cost for this transcript or the copy of the electronic If you still want this

or you must til is amount with the court Howcver you can choose to use a statement 011 appeal or take OIlC of the other actions listed in rule 8917

If however you are indigent (you cannot afford to ray the cost of the transcript or electronic recording) may be ablc to gct a free or official ic recording YOll can complete

Fimtncial Statement on Appoinlll1enl alld

Reimbursement and Record on af Public (form MC-21 0) to show that you are YOll can form MC-21 0 al any

courthouse or law library or online flt WW11 The cOllrt will review this form to decide whether you are incl

If you arc an official electronic recording of your case was made and you show that you necd a transcript the court must provide you with a free transcript Whether you need a transcript depends on the issues you arc raising 011 appeal If the issues you are raising on appeal include that there was not substantial evidence supporting the judgment order or other decision you arc appeal or that there was

misconduct in your casc that harmed you that is genera Ily enough to show that you need a transcript If you ask for a transcript the court may ask you what issues you are raising on appeal and may decide that a statement on appeal or a transcript of only some ofthc oral proceedings will bc a good enough record to consider thc isslIes you are

If tile court finds that you are nol it will send YOll a noticc and you will have a chance to use a statement 011 appeal instead or take one of the other actions listed in rule 8917

Completion and delivery Once you deposit the estimated cost of the 1ranscript or official electronic recording with the clerk or show the coul1 you are indigent and Ileed a transcript the clerk will have the transcript or copy of the When the transcript is completed or the copy orthe official electrollic recording is prepared the clerk will send the transcript or recording to the appellate division along with the clerks

c

When available In some infraction cases a court reporter is there in the trial court and makes a record of the oral proceed If a court repol1er made a record of your case you can ask to have the court reporter a transcript of those oral

called a rerorters transcript You should check with the trial court to see if a court reporter made a record of your case before you choose this option Some courts also have local rules that establish procedures for decid whcthcr a statement 011 appeal or a transcript only some of the ora I wi II be a good enough record to consider the issues you are raising on appeal YOll should check whether the cOlll1 has slIch a local rule

CoI Ordinarily the appellant mllst pay for preparing a transcript The court reporter will pmvide the clerk of the trial court with an estimate oflhe cost of preparing the transcripl and thc clcrk will notify you of this estimate want the reporter to prepare a transcli pI yOll must this estimated amount or Olle oflhe substilules allowed under rule 8919 with the clerk within 10

after the clerk sends you the estimate However undcr rule 8919 you can decide to use a di fferellt form of the recOld or take other action instead of

Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 8: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Information on Appeal Procedures for Infractions

(you cannot afford to pay the cost of the transcript) you may be abJe to get a free transcript You can complete and file Defendants Financial Slalemenl on Eligibility for Appointmenl ofCounsel and Reimbursement and Record on Appeal al Public (form MC-2 0) to show that you are indigent can form IvlC-210 at allY courthouse or county law library or online at The courl will

you are

If the COllrt finds that you are indigent 11 court reporter made a record of your case and you show that you need a transcript the court must provide you with a free transcript Whether you need a transcript on the issues you are on

If the you are on include that there vas not substantial supporting the judgment order or other decision you are appealing or that there was misconduct in your case that harmed you that is generally enough to show that you need a transcript If you ask for a

trallscript the cOllrt may ask you what issues YOIl are filIsmg on and may decide that

or a transcript of on ly some of will be a record to

consider the issues you arc

lfthc court finds that YOLl arc 110t indigent it will send you a notice and you will have a chance to pick another form of the record or take other actions listed in rule 8919

Completion ami Once you deposit the estimated cost of the transcript or one of the substitutes allowed under Ill Ie 8919 or show the court you arc indigent and need a transcript the clerk will notify the to prepare the

When the completes the the clerk I send both the reporters

transcript and clerks transcript to the appellate division

) Is there any other part of the record that to be sent to the appellate division

Yes There are two other parIS oflhe offtciallceord thllt need to be sent to the appellate division

bull Documenlsiled in fhe trial court The trial court clerk is responsible for preparing a record of tile written documents filed in your case called a clerks transcript and sending this to the appellate division (The documents the clerk must include in this transcript are listed in rule 8912 orlhe California Rules of Court You can get a copy of this lule at any cOllrthouse or law library or ol1line at wwwcourlscaguvrules)

bull Exhibits submilled during trial Exhibits such as photographs or maps that were admitted in evidence refused or lodged (temporarily placed with the court) in the trial court are considered palt orthe record on appeal If you want the appellate division to consider an exhibit however you must ask the trial cowi clerk to send the original exhibit to the latc division within 10 days after the last respondents brief is fj led in the appellate division (See rule 8921 of tile California Rules of Court for more information about this procedure You can get a copy of th is rule (It any courthouse or county law library or online at wwwcourts

the trial COlirt returns an exhibit to a at the end of the tria l If the trial court returned

an exhibit to you or another patty and you or the other pmty ask for the cxh ibit 10 be sent to the appellate uivision the party who has the exhibit must deliver that exhibit to the appellate divisioll as soon as possible

What happens after the record is prepared

As SOOI1 as the record of the oral proceeding is ready the clerk of the trial cOllJ1 will send it to the appellate division along with the clerks When the

laIC division receives this it will send you a tell ing you when you must file your brief in the

late division

(16 What is a brief

A brief is [J written descri plion of the facts in the case the law that and the argument aboul the issLies appealed Ifyoll are represented a lawyer in your lIppeal your lawyer will prepare your brief Ifyoll are not represented by a lawyer in your

yOll will have 0 prepare your brief yourself YOll

CRmiddot141tNFO Page 6 of 8 Information on Appeal Procedures for Infractions

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 9: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

bull

Information on Appeal Procedures for Infractions

should read rules 8927-8928 orthe California Rules of Court which sel out the requirements for preparing serving and fil briefs in infraction appeals including requ irernellts for the format and length of these briefs YOli can get these ru les at any courthollse or county law library or online at wwwcourlscagovlruies

Contents If you are the appellant (the paliy who is appealing) your brief called the appellants opening

mllst clearly explain what you believe are the legal errors made in the tfrill cour1 Your brief must refer to the exact ill the clerks transcript and the statement all appeal olher record of the oral proceedings) that support your argument Remember that an appeal is not a new trial The appellate division will not consider new such as the testimony of new witnesses or new exhibits so do not include any new evidence in your brief

Serving find filing You must serve and fi Ie your brief in the appcllate division by the deadline the eouli set in the notice it sent you wh iell is usually 30 days after the record is filed ill the appellate division Uyou do 1I0t

file your brief by the deadlille set by the appellate division the conrt may dismiss your appeal

Serve and file mealls that you must

bull Have somebody over J8 years old mail del iver or electronically send (serve) the brief to the respondent (the prosecuting and any other party in the way required by law thc brief is mai led or personally it mllst be someone who is not a Pllty to the case-so not yOll

bull Make a record that the brief has been served This reeord is called a of service ProofoService

Division) (form APP-I 09) or Proofof Electronic Service (Appellate Division) (form APPshyI 09E) can be lIsed to make this record The proof of service Illust show who served the brief who was served with the how the brief was served (by mail in person or eleetroIlical and the date the brief was served

bull File the original brief and tile proof of service with the appellate division You should make a copy of the brief you arc planning to file for your own records before you file it with the cOlIrL It is a good idea to or mail an extra copy of tile brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed

You can more information about how to serve court papers and proof of service from What Is Proofof Service (form APP-l 09-1NFO) and at wwwcourtscogovlseljhefp-serving171m

1 What happens after I file my brief

Within 30 days after you serve and file your brief the respondent (the prosecliting agency) may but is not

to by and filing a If the respondent does not file a the appellant

does not automatically will the appeal The eourt will decide the appeal 011 the record the brict~ and any oral by the appellant

If the respondent scrves and files a brief within 20 after the respondents brief was you may but are not required to serve and file another brief replying to the brief This is called a brief

What happens after all the briefs have been filed

Once all the briefs have been served and fi led or the time to serve and file them has the COlllt will noli fy you of the date for oral argument in your casco

What oral argument

Oral argument is the parties chanee to explain their arguments to the appellate division judges in person

You do not Iwve to participate in oral if YOll

do not want to you can notify the division that you want to waive oral argument all parties waive oral argument the judges will decide your appeal based on the briefs and the record that were submitted Blit if one party waives oral argument and another party or parties does not the appellate division will hold oral argument with the party or who did not waive il

If you do choose to in oral argument you will have to five minutes for your argument unless the court otherwise Rcmember that the judges will alrcildy have rend the briefs so you do 110t need 10 read your brief to the j It is more helpful to tell the

what you think is most important ill your appeal

7 of 81 2Q17 Information on Appeal Procedures for Infractions

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 10: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Information on Appeal Procedures for Infractions

is held (or the date it was scheduled the

or ask the judges if they have any questions you could answer

(i~) What happens after oral argument

After oral if all the parties waive oral

the appellate division will make a appeal The appellate division has 90 schcduled for oral argument to decide the appeal The clerk the court will mail you a notice of til at dccision

What should I do if I want to give up my appeal

If you decide you do not want to continlle with your appeal you must file a written document with the appellate division notifying it that you are giving up (this is called abandoning) your appeal You can use Abandonment ofAppeal (Infraction) (form CR-145) to file this notice in an infraction easc You Lan form CR-145 at any courthouse or law library or on I inc at wwwcourscagovlforms

If you decide not to continue your appeal and it is you will (with very rare exceptions)

permanently give lip the chance to raise any objections to your conviction sentence or other matter that you could have raised in the appeal If your punishment was

during the you may be required to stan complying with your punislimltnt immediately after your appeal is dismissed

L ~Cl CRmiddot141middotINFO Page 8 of 8Information on Appeal Infractions

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 11: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Notice of Appeal and Record onBII-III Appeal (Infraction)

Clerk stamps date here when form is filed

Instructions

bull This form is only for appealing in an infraction case such as a case about a traffic ticket You can other forms appealing in a civil or misdemeanor case at any courthouse or county law I or online at www courts ca go vljorms

bull Before you fi II out this form read Information on Appeal Procedures for Infractions (form CR-141-1NFO) to know your rights and You can form CR-141-INFO at any courthouse or county law library or online at wwwcourlscagovljorms

bull You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing rule 8902(b) of the California Rules of Court for very limited exceptions) lfyour notice of appeal is late the court will not take your appeal

bull Fill out this form and make a copy of the form for your records

bull Take or mail the completed form to the clerks office for the same trial court that issued the or order you are appeal It is a 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 fi led

Your Information

a Name of appelant (the who is this appeal)

Name

b Appellants contact information (required)

Street address ---------~-------~

Street Cily

Mailing address

Phone E-mail

You fill in the name and street address of the court that issued the judgment or order you are appealing

Superior Court of California County of

MADERA 200 SOUTH G STREET MADERA CA 93637

You fill in the number and name of the trial court case in which you are appealing the judgment or order

Trial Court Case Number

Trial Court Case Name

The clerk will fill in the number beow

State Zip

Stale

c Appelants in the trial COlll1

The lawyer filling outlhis form is not the appellant in this appeal

Name State Bar number ____ __ _____

Street address Street Stale Zip

Mailing address

Phone Street

E-mail State Zip

Fax --~- shy

Judical CounCil of Callforna IVIVIV courtscagov Not ce of CRmiddot142 Page 1 of 4ppeal and Record on AppealRevised January 1 2019 Optional Form CaL Rules of Court rules 8 831 8901 8910 (Infraction)

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 12: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Trial Court Case Number

Trial Court Case Name

o Judgment or Order You Appealing

J amMy client is appealing (check a b or

a the final of conviction in the case (Pen sect I 466(b)( I raquo) The trial court issued (rendered) this judgment on (fiff in the

--- ------------ shyb an order made by the trial court after that affects an important (substantial) right of client

(Pen Code sect I466(b)(2raquo

The tria I court issued (rendered) t his order on (fill in the dale) -------------__----shy

c D Other (describe the action you are appealing and indicate the date the trial court took the action)

Your Choices About the Record on Appeal

Stipulation for ited Record

The and cl ient have (stipulated) under rule 8910 that of the normal record on appeal are not required for proper determination of this appeal A copy of our stipulation identifying those parts of the record that are not required is attached (At the page write item 3 )

Record of Oral Proceedings You do nol have to provide the appellate division with a record 0what was said in the trial court (this is called a record athe do not the division will not be able fa consider what was said the trial court proceedings in deCiding whether an error was made in those

I elect (choose )My client elects to proceed (check a or b)

a WITHOUT a record of the oral proceedings in the trial court (skip item sign and date thisarm) I understand that if I proceed without a record of the oral the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a error was made

-----~---

b WlTH a record of the oral proceedings in the trial court (complete item below) I understand that if elect to proceed with a record of the oral proceedings in the trial court I have to choose the record I want

to use and take the actions described below to make sure this record is provided to the appellate division I understand Ihal if I do not lake Ihe actions described below and Ihe appellate division does not receive this record I am not likely to sllcceed in my

(Write initials

in my case (check and complete only one-a b c or d)

o J want to use the following record of what was said in the trial court

a Statement on Appeal A SIClIement on appeal is a summary 0 the trial court approved by the triol caul CR-141 -iNFO for informal ion about a proposed statement (Check and complete

ReVIsed January 1 2019 CR-142 Page 2 of 4 Notice of Appeal and Record on Appeal (Infraction) ~

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 13: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Case Number

Trial Court Case Name

CD (continued)

(I) I have altached my statement on appeal to this notice (Ifyou are not a lawyer in this appeal you must use Proposed Statement on Appeal (Infraction) (form to prepare and

this proposed stalement You can CR-J 43 at any courthouse or county law or online at wwwCoUliscagovforms)

I have NOT attached my proposed statement on appeal to this notice I understand that I mllst serve the prosecuting attorney if the in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement on time the court may proceed on the clerks transcript only

OR b From Official Electronic Recording This option is available only oJlcial eleclronic

recording was made ofwhat was said in the trial courl Check with the trial court to see official electronic was made in your case before this option Some courts also have local rules that establish whether only a portion or a different form ofthe record will be sufficient for an effective appeal Check with the trial COUll to see ifil has such a local rule

and complete () or

(I) I wi II pay the trial comi clerks office for this transcript myself I understand that if I do not pay for this transcript it will not be and provided to the appellate division

I am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have and attached Defendants Financial Statement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public MC-210) (You can get form Me-2IO at any courthouse or county law or online at wwwcourtscagovforms The courl will review this form to decide ifyou are eligible for a free transcript)

OR

c Copy of Official Electronic Recording This is available only ifan electronic recording was made ofwhat was said in the trial co uri the court has a local rule for the appellate division permilling the use ofthe official eleclronic the record court and yOlt and the -OCnf1VlrtOMf (the agency) have (slipulated) that you wanto use the Ihe record ofwhat was said in your case Check with the trial court 10 see ojJicial electronic recording was made in your case this option You must attach a copy (stipulation) with Ihe respondent 10 Ihis notice and complete (I) or

(I) I wi II pay the trial court clerks office for this official electronic recording myself J understand that if I do nOI pay for this recording it will nol be to the appellate division

(2) I am that this official electronic record be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slalement on Eligibility for Appointmen and Reimbursemenl and Record on Appeal at Public (form MC-2 J

(You can get form viC-2JO al any courthouse or county law library or online al The court will review this form to decide ifyou are copy

eleclronic

RevSed January 1 2019 CR-142 Page 3 of 4Notice of Appeal and Record on Appeal (I nfraction) -7

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 14: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

i Trial Court Case Number

Trial Court Case Name

OR

d Reporters Transcript This option is available only ifthere was a COuri reporter in the trial cOllrt who made a record ofwhat was said in courl Check with the trial courl to see if there was a court reporler in your case Ihis option Some courts also have local rules Ihal establish npr)rort1

determining whether only a portion ofthe reporters transcript or a different form of fhe record will be an Check with the trial courllo see if if has such a local rule

Within 10 days of the court reporters estimate of the cost of the will and complete one

(I) File with the trial court a certified transcript of all the required by rule 8918

(2) 0 Pay for the transcript myself by depositing with the trial court an amount to the estimated cost of the transcript

(3) the reporter directly and file with the trial COUlt a written waiver of the that is signed by the reporter

a reporters transcript at no cost J am that this transcript be provided at no cost to me because I cannot afford to pay this cost I have completed and attached Defendants Financial Slatement on Eligibility for Appointment ofCounsel and Reimbursement and Record on Appeal at Public (form MC-21 0) (You can get form MC-21 0 at any courthouse or county law or online at www The court will review this form to decide are eligible for a reponer s 01 no cos to you)

I understand that if I do not pay for this and I am not el for a al no cost the reporters transcript will not be prepared and provided to the appellate division

or print your name or allorney

ReVIsed January 1 2019 CR-142 Page 4 014Notice of Appeal and Record on Appeal (Infraction)

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 15: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Proposed Statement on AppealCRmiddot143 (Infraction) Instructions

bull This form is only for preparing a statement on appeal in an infraction case such as a case about a traffic ticket

bull Before YOll fill out this form read JnjorJ11Ulion OJ1 Appeal Procedures or infractions (form CR-141 -INFO) to know your rights and responsibilit ies YOLI can get form CR-141-INFO at any courthouse or county law library or on line at wwwcourlscagovlforms

bull This form can be filed at the same time as your notice of appeal If it is not filed with your notice of appeal this form must be filed 110 later than 20 days aftcr you file your notice of appeal Jfyou have chosen to use a statement on appcal and do 1I0t file this form on time the court may dismiss your appeal

bull Fill out this form and make a eopy of the completed form for your records and for each of the other parties

bull You mllst serve a copy of the completed form on each of the other parties ill the case and keep proof of this service You can get informat ion about how to serve court papers and proof of service from Whal Is ProojofService (form APP-J 09-INFO) and on the California Courts Online Self-Help Center at wwwcourlscagovlseljhelp-servinghlm

bull Take or rna iI the completed form and proof of service on each of the other parties to the clerk s office for the same trial court that issued the judgment or order you are appealing It is a good idca 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

Ci) Your Information

a Appellant (the party who is filing this appeal)

Name __

Street address Street City

Mailing address (ildiflerent) Street City

Igthol1e ___ ___ ________ _ E-mail

b Appellants lawyer (skip this ilthe appellant isfllling ()utlhisjorll1)

The lawyer filling out this forlll (check (I ) or (2))

Clerk stamps date here when form is filed

YOli (ill m ifl c flQI11( and rsttelt lddloss of the court Ihat ISSUf)( tho Jutfmell or omer you 11m JPlf11l17g

Superior Court of California County of MADERA 2 00 SOUTH G STREET MADERA CA 936 37

YOli (ill ill I)e number [lnd name of the Iflnt COlIn CD_ill In wlJleh you ara appeatmg the jU1fUIIJ n( or alUer

Trial Court Case Number

Trial Court Case Name Tile People of the State of Califomia

v

You ill 11 1111 appellate division case number (if you IiiOW I)

Appellate Division Case Number

Stllte Zip

------ ---_ Slate Zip

(I) 0 was the appellants lawyer in lhe trial court (2) 0 is the appellants lawyer for thi s appeal

Name Stale Bm number

Street (lddress _____ 5 t(8lt

Mailil1g address (ifclifferelll)

Phone Street

E-mail City

City

State

State

Zip

Fax ____

JUUgtClat CQulYii or C1lIlJml ~ ww couri S C3 EOV Proposed Statement on Appeal CR-143 Page 1 of 7HevlSf JomJOJj l 20 17 OpllOrnl l Form

e lll Rules JI COWl (Ie U ~16 (Infraction) ~

Essential0FormS

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 16: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

__

The of tile State of California v

Trial Court Case Name

Information About Your Appeal

(2) On (fill in the date) limy client filed a Notice and Record on (Infraction) choosing to use a statement on appeal as the record of what was said

Proposed Statement Reasons for Your Appeal

in an appeal the division can teview a case for whether certain were made in [he Iria court nt)f(middotfIJ (readform CR-41-INFO to learn about fhese

bull There was not substantial evidence the judgmen or other decision you are bull A error was made during the trial court proceedings

The appellate division

bull Cannot your case or take new evidence bull Cannol consider whether witnesses were bull Cannot consider whether there was more or evidence supporting your position than there was

supportillg he trial courts decision

(Check all thut apply and describe the legal error or errors you were made that are the this appeal)

a There was not substantial evidence that supported the judgment order or other decision that client indicated ill the notice of is being appealed in this casco why you think thejlldgmenl order 01 olher decisiOI was not by substanlial evidence)

b 0 The following error Of errors abollt either the law or court waswere made that caused substantial harm to client (Describe each error and hovv you WgtpoundgtI1I111 clienl was harmed Ihal error)

(1) Describe the error

Describe how error tlarme(J

error

Describe hJIv litis error -mlt

CRmiddot143 Page 2 of 7Proposed Statement on Appeal Essential ~ (Infraction)JI Forms

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 17: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

3

5

The People of tile State of California v Trial Court Case Number

Trial Court Case Name

(continued)

Describe lhe error

Describe how this error fl1 client

Check here need more space to describe these or other errors and attach a separate page or pages describing errors At the top page wriie CR- 143 ilem 3

The Charges Against MeMy Client

a lfthe against youyour client are based on a citation (ticket) you provide the citation number (fill in the citation numberfrom your

b rile charges all charges indicated on lhe cilaiorl or complainfiled by the prosecutor

e liMy client (I) or

(I)

(2) to only the following

(3) 0 pleaded to all of the (h~ragtQ

Summary of Any Motions and the Courts Order on the Motion

a Were any (requests for the trial court to an order) made in this case that are relevant to the rcasons you gave in Ihis appeal

Yes (fill out b) No to ilem

b In the If)(lces orders) tlioll(JI lIIode in the tried cOllrllhal are relevonlto fhe retsolis Villi lIle in IFf U 1111 accurllte 11111111111 o[whol lVas

said af any on these motions (lnd indicate how fhe trial court ruled on Ihese motions

(I) liMy client made tile fol (motions) in the trial court (check all Ihal

(a) To submit a or photographs as evidence the

on this IllotionThere 0 was 0 was 110t a

CRmiddot143 Page 3 of 7Proposed Statement on Appeal ~ (Infraction)

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 18: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

(d)

The People of the Siale of California v

Trial Court Case Name

I )(a) (continued)

was a hearing on Ihis and occurule UfI1lJtlry lvhat ]W1S said 01 this

The court the photographs

to describe the motion and alach (f ite 111

page or pages

(b) D To submit a map or maps as evidence IOPIIW the maps)

was D was not on this motion

and accurate sUll1mmy was mid at this IWlYlna on thi

10 describe Ihe molion (nd alloch a

The court did 0 did not the maps

page or pages ilem

(c) To submit other material as evidence (descrihe what you asked 10 submif as

on this motion There was not a

was said at thisIf Ihere was (I hearing on this lI1otion write a und acclIr(fle sutrlllwry

The court did D did not this material

Check here need more space 10 lIeserihl Ihe mOl ion (lnd afach ( lfpur(l poge or pages it AI the lOp writ CRmiddot 143 ilem

ifny olher quesl you mad ill Ihe Iria court (lnd JIhelher he court VIIJIIlVU or

Check here leed more space to descrihe the 11101101 and aluch ( desclihillg il Allhe page lvnle CR-43 Item

page or page

Proposed Statement on Appeal (Infraction)

CR-143 Page 4 or 7

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 19: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

5

The People of IIle Siale of Californta v

Trial Court Case Name

b (continued)

o The prosecutor made the following made in the trial court and whether

There was was not a hearing on this motion

if there was a rurlrJv all fhis mOlioll write a complete Inc accurate suml1lary was said at this hearing

The court Ddid did not this motion

Other (describe any other aClion the Irial court took on this

o Check here ifyou need more space (0 describe the motion and attach a WfJUlIfl(page or pages ilAfrhe ojeachpagewrite CR-143 iem

Check here if other motions were filed that are relevant [0 the rellsons you gave in o for this appeal and attach a page or pages these other motions identifying who made them and whether there was a hearing on the motiol summarizing what was said at the on the motion and indicating whether the trial court or denied the motion At the top of each page write CR-l item Sb(3)

6) Summary of Testimony and Other

fl Was there a trial in your case

No items b c d andj alld go 10 ilem

Yes 0 enmnleIP items h C d e andj)

b Did youyour client testify at the trial

o No

Yes (IVrlll II ltlIId (fecurule SUI1lIlI(WI hnJ gave Ihtll is leltllt111110 Ihe redSOIiS you gill( in (his ildllde 11 Ii II YOII do IWI ((111111lt11 fill lr yOllr

about whol you said Please indicdle whelha (lilY objections were mude or ony exhibits cirnl asked fo (md whether these

in the trial court any Ihe

here ijyou need more jJ(ce () SIII71I11We eliIll s and ollOch 0 page or pages summarizing fhis lestimony AI the lOp middotCR-Jl3 llem oil

C R-143 Page 5 of 7Proposed Statement on Appeal ~ (I nfraction)

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 20: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

6

The of the State of Califorma v

Trial Court Case Name

(continued)

c Did an officer from ice department sheriffs or other government agency that charged youyour cI lellt test i fy at the (Check

No

Yes (complete (1) alld

(1) The name of the officcr who testilied is in the

This officer testified that (Write a relevanl 10 the reasons you gave in this nol comment 017 or give your opinion about what officer said Please indicate middotwhether any objections were made the officer I or any exhibits the asked 10 alld whether these objections were sustained)middot

and aCGllrale summary Include only what the

need more Ipace to summarize the write CRmiddot 143 Item 61

ami aluch a separate page this At the

d 0 Were there any other witnesses nl the trial

No

o Yes out

(1) The witnesss name is in Ihe witnesss name)

The witness 0 was was not an officer from the government agency lhat charged el iell

(3) The witness testified on behalf of memy client the

Ill is witness teslified Lilal () and (lecume summary ofthe wllIIess retelwlt 10 Ihe reasons you gave in Ihis nelude what Ihe wilness nol cOlimelI on or opinioll about whm the willless said Please indicole whether any were concerning wilnesss or any exhibits the middotwilness asked 10 present and whether these objections gtperc susailled)

c Check here if other witnesses gave testimollY at the trial that is relevant to the reasons you gave in this appeal Attnch n page or pilges each other witness that testified at your trial whether that witness testified on clients behalf or the proseclition5 sLll1lmarizing what that witness said in his or her testimony thilt is relevallt to the reasons you g(lve ill for this and indicating whether any wCIe made concern the witness testimony or allY exhibits the witlless (lskcd to prcslllt and these objections were ustniJlcd At the top of each write CR-] item 6e

Ihal is said do

CRmiddot143 Page of 7 Proposed Statement on Appeal (Infraction)

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 21: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

6

7

The of the Slate of Califomia v

Trial Court Case Name

(continued)

f other than the testimony that was

your

the tria I tl1at is relevant to the reasons this appeal (Write a complete and accurate summary evidence given bOlh you and

Include only Ihe evidence do not comment or about this evidence)

need more evidence AI paKe write

page or pages hem

The Findings

a of the following offenses al which you wereyour client was

b liMy client was ()lind not guilty oftMe following offcnses all offensesjor which you were~vour client middotH()sjound not guilty)

c were dismissed after proof of correction was shown to the judge (list all ojthe charges

8

the following fine or other on client all thaI apply andfil in any

in the allount ojthe fine) $

b Traffic school

service in the number

d Other punishment any other pUllishmentthullhe courl il1 Ihis

REMIN You must serve and file this form no later than 20 after you file your notice of appeal If you do not file this form on time the court may your appeal

Date

~or prilll name slglloure of(fjJpellul1l or alorney

CRmiddot143 Page 7 of 7Proposed Statement on

(Infraction)

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 22: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

2

Order Concerning AppellantsProposed Statement on Appeal (Infraction)

The court has received and reviewed the WdVltD Statement U1 Appeal (form CR-143 fi led by the lant 011

The court makes the following order

a 0 The court certifies that hrOlJgh 01 by the appellant are an accurate

and other lbal is relcwllli to issues that the indicated in item the nasons IIII this This

statement is to be sent to the late division

b 0 Corrections arc needed in oreler for partstnroughregofthe statement proposed the appe Ilant to be an accurate summary of the illl other evidence Ihal is relevant to the issues the appellant indicated ill itcmregare the reason for this

(I) A modified statement is attached to this order This modified statement must be sent to the parties

o The appellant is ordered 10 prepare a statement incorporating the modificatiolls listed below and to serve and file this modified statement

(b)

(c)

Clerk stamps when form

Clerk fills in he name and street address of the

court

I CA 9

fills in the numbel and

Trial Court Case Number

of

STREET 7

orllle case

Trial Court Case Name The People of the Stale of California v

fiils in the flumber below

antgt Division Number

(3) More corrections than could be listed above were needed in order for p1lltsthrough of the statement proposed by the appellant to be an summary of the teslllllony and evidence that is relevant to the issues appellant indicated in are the reasons for this A list of the required l1lodifielltions is attached The appellant is ordered to prepare those mociific(1lions and to serve and file this modified statement

Order rning Appellants Proposed Statement on Appeal

(Infraction)

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 23: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Trial Court Case Number

Trial Court Case Name

c The proposed statement does not contain for material rule 8916

The appellant is ordered to prepare a new proposed statement that includes this material

d 0 The Irini court in this case were reported by a court reporter or officially recorded electronically under Governmcnt Code section 69957 Instead of this statement the Court ordcrs under rule 8916(d)(6)(H) that a transcript be the courts local rules to make sure (he courl has a rille

e This superior court has a local rule for the division the use oran official electronic record as the record the oral proceedings Thc trial cOUJ1 in this case werc officially electronically recorded Instead of correcting this statement the court that a copy of that electronic

be prepared as the record of these at the courts expense

these

Date of triallUYfIllJrP officer

Concerning Appellants Statement on Appeal (Infraction)

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 24: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Cler stamps dale here when form IS filed

Instructions

bull This form is only for abandoning (giving up) all appeal in an infraction case such as a case about a traffic licket

bull Before you fill out this form read Informution on Appeal Procedures (form CR-141-1NFO) to know your rights and lilies

can form CR-141-INfO at any courthouse or library or online at wwwcourtscagovlofms

bull Fill out this form and make (J copy of the completed form for your records

bull Take or mail the completed form to the appellate division clerks office 1t is idea to take 01 mail an extra copy to the clerk and ask the clerk to

it to show that the original has been filed

Information

a Name of appellant (the party who is fil til is appeal)

Street address Street

Mailing address

Phone

b AppellantS lawyer (Ikip (his

Name

Street address Street

Mail address

Phone

Fax

City

Street City

E-mail

uppellUlI1 does nOl have a

court

Superior Court of California County of MADERA 200 SOUTH MADERA

STREET 637

Trial Court Case Number

Trial Court Case Name Tho of the Stale of California v

Slate Zip

Slale Zip

this appeal)

State Bar number

City Slate Zip

Streel

E-ml ll City Siale- Zip

Abandonment of Appeal CR145 Page 1 of 2

(Infraction) -+

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __

Page 25: I RACTIO PPEAL - Californiamadera.courts.ca.gov/Images/Infraction Appeal Packet.pdf · 01-01-2019  · is a good idea to bring or mail an extra copy to the clerk and ask the clerk

Appellate Division Case Number Appellate Division Case Name

(~) On (fill in the dale) limy client filed a notice of appeal in the trial court case identified in the box on page I of this form

0) By signing and filing this form I abandonmy client abandons that appeal

Date ___________ _

Type or print your name Signature ofappellant or atorney

Abandonment of Appeal CR-145 Page 2 of 2

Essential (Infraction) r1FormsoJ __