Oklahoma > Statewide > Criminal Appeals
Notice Of Intent To Appeal 13.4 - Oklahoma
| Notice Of Intent To Appeal Form. This is a Oklahoma form and can be used in Criminal Appeals Statewide . |
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OCCAOnline Rules of the Court of Criminal Appeals Form 13.4 Notice of Intent to Appeal IN THE DISTRICT COURT OF STATE OF OKLAHOMA THE STATE OF OKLAHOMA, Plaintiff, v. _, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) COUNTY _ _ APPEAL CASE NO. DISTRICT COURT CASE NO. TYPE OF APPEAL ( ) Direct Felony Appeal ( ) Direct Misdemeanor Appeal ( ) Certiorari ( ) Revocation/Acceleration ( ) Termination fro Drug Court ( ) State Appeal 1089.1 1089.7 ( ) State Appeal 1053/1053.1 ( ) Juvenile - Adjudication ( ) Juvenile - (Certification) ( ) Juvenile - (Reverse Certification) ( ) Youthful Offender (Sentencing as Adult) ( ) Youthful Offender Bridge to DOC ( ) Other (specify) _ ( ) CAPITAL ( ) NON-CAPITAL NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGEMENT; AND NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED I. NOTICE OF INTENT TO APPEAL The Defendant was sentenced on the _ day of , 20 , for: _. If certiorari appeal, date of trial court's denial to withdraw plea Crime(s) Statute(s) Sentence _ _ ) consecutively as follows: The Defendant intends to appeal the above conviction(s) to the Oklahoma Court of Criminal Appeals pursuant to (cite specific statute). This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit "A", pursuant to Rule 2.5(B) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial court within ten (10) days of the date of the pronouncement of the Judgment and Sentence in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B). The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A. To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit "B". American LegalNet, Inc. www.FormsWorkFlow.com The sentence(s) was/were ordered to run ( ) concurrently ( ________________________________________ Trial Counsel ( ) Retained ( ) Appointed ( ) Individual ( ) Oklahoma Indigent Defense System ( ) Oklahoma County Public Defender ( ) Tulsa County Public Defender A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were mailed this _ day of _, 20 _, to the Clerk of the Oklahoma Court of Criminal Appeals. _ Trial Counsel (Signature plus typed name) _ OBA No. Address. Telephone No. II. APPLICATION FOR DETERMINATION OF INDIGENCY In accordance with Rule 1.14 of the Rules of the Court of Criminal Appeals, 22 O.S., Ch.18, App., the Defendant submits that he/she is indigent and cannot pay the costs of an appeal. Counsel states: () Indigency has been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) will be provided if this Court elects to review the Defendant's status. Indigency has not been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) is attached as Exhibit "C". _ _ _ () It is requested that appropriate counsel be appointed and transcripts be prepared at the expense of the State. _ Trial Counsel American LegalNet, Inc. www.FormsWorkFlow.com III. DETERMINATION OF INDIGENCY Pursuant to Rule 1.14 of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, this Court finds the Defendant ( )IS ( )IS NOT currently indigent. THE COURT ORDERS: A. Preparation of the Appeal Record: 1. A record of this case ( ) IS ( ) IS NOT to be prepared at public expense. 2. The court reporter(s) listed below ( ) SHALL ( ) SHALL NOT be reimbursed at public expense out of the Court Fund of _ County for preparation of this record. Name: Mailing Address: . . . Transcript Type: Transcript Date: . . 3. Return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E). B. IF INDIGENT: 1. _, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record. 2. The court reporter(s) has been served with a copy of the Designation of Record. 3. Appropriate transcripts are ordered at public expense. 4. _, (name) ( ) CHIEF, CAPITAL DIRECT APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was imposed) ( ) CHIEF OF THE GENERAL APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was not imposed) ( ) PUBLIC DEFENDER OF TULSA COUNTY ( ) PUBLIC DEFENDER OF OKLAHOMA COUNTY ( ) A PRIVATE ATTORNEY, is appointed to represent the Defendant on appeal. (The public defender of Tulsa County and Oklahoma County may only be appointed if that office represented the defendant at trial unless a conflict of interest exists as determined.) ADDRESS: _ , TELEPHONE: _. American LegalNet, Inc. www.FormsWorkFlow.com 5. Any Supplemental Designation of Record by the Oklahoma Indigent Defense System pursuant to Section 1362 of Title 22 must be filed and served upon the appropriate court reporter(s) within thirty (30) days from the date of appointment, and the reporter's acknowledgement of service shall be filed in accordance with Rule 1.15(B); 2.1(B)(3). 6. withdraw as counsel of record. , trial counsel for the Defendant, is permitted to 7. Cases in which death penalty imposed: ___________(name)______, Chief of the Capital Post-Conviction Division of the Oklahoma Indigent Defense System, is appointed to represent the defendant on the filing of an application for post-conviction relief in accordance with the provisions of §§ 1089 and 1356 of Title 22. C. IF NOT INDIGENT: 1. _, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record. 2. The court reporter(s) has been served with a copy of the Designation of Record. 3. _ has entered his/her appearance and will represent the Defendant on appeal as retained counsel. 4. _, trial counsel for the Defendant, has filed a Motion to Withdraw as Counsel. The Motion is granted and trial counsel is permitt
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