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Proposed Statement On Appeal (Misdemeanor) CR-135 - California
| Proposed Statement On Appeal (Misdemeanor) Form. This is a California form and can be used in Criminal Judicial Council . |
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CR-135 Instructions misdemeanor case. Proposed Statement on Appeal (Misdemeanor) Clerk stamps date here when form is filed. · This form is only for preparing a proposed statement on appeal in a · Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online at www.courtinfo.ca.gov/forms. · This form can be attached to your Notice Regarding Record of Oral Proceedings (Misdemeanor) (form CR-134). If it is not attached to that notice, this form must be filed no later than 20 days after you file that notice. If you have chosen to prepare a statement on appeal and do not file this form on time, the court may dismiss your appeal. · Fill out this form and make a copy of the completed form for your records 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 and for each of the other parties. · Serve a copy of the completed form on each of the other parties and keep proof of this service. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109INFO) and on the California Courts Online Self-Help Center at www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving. · Take or mail the original completed form and proof of service on the other 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 People of the State of California v. You fill in the appellate division case number (if you know it): parties to the clerk's office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. 1 Your Information a. Appellant (the party who is filing this appeal): Name: Street address: Street Street City Appellate Division Case Number: State City State Zip Zip Mailing address (if different): Phone: ( ) E-mail (optional): b. Appellant's lawyer (skip this if the appellant is filling out this form): The lawyer filling out this form (check (1) or (2)): (1) Name: Street address: Street Street was the appellant's lawyer in the trial court. (2) is the appellant's lawyer for this appeal. State Bar number: City City State State Zip Zip Mailing address (if different): Phone: ( ) ) E-mail (optional): Fax (optional): ( Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2009, Optional Form Cal. Rules of Court, rule 8.869 Proposed Statement on Appeal (Misdemeanor) CR-135, Page 1 of 7 American LegalNet, Inc. www.FormsWorkflow.com Trial Court Case Number: Trial Court Case Name: Information About Your Appeal 2 On (fill in the date): box on page 1 of this form. , I/my client filed a notice of appeal in the trial court case identified in the 3 , I/my client filed a Notice Regarding Record of Oral Proceedings, On (fill in the date): choosing to use a statement on appeal as the record of what was said in this case. Proposed Statement 4 The Charges Against Me/My Client a. The charges against me/my client were (list all of the charges indicated on the complaint or citation filed with the court by the prosecutor): b. I/My client (check (1), (2), or (3)): (1) (2) (3) 5 pleaded not guilty to all the charges. pleaded guilty to only the following charges: pleaded guilty to all of these charges. Summary of Any Motions a. Were any motions (requests for the trial court to issue an order) filed in this case? Yes (fill out b) No (skip to 6 ). b. In the spaces below, please describe any motions (requests for orders) that were made in the trial court. Write a complete and accurate summary of what was said at any hearings on these motions and indicate how the trial court ruled on these motions. (1) Describe the first motion: The motion was filed by the There was was not prosecutor. defendant. a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: Revised July 1, 2009 Proposed Statement on Appeal (Misdemeanor) CR-135, Page 2 of 7 Trial Court Case Number: Trial Court Case Name: 5 b. (continued) The trial court granted this motion. did not grant this motion. Other (describe any other action the trial court took concerning this motion): Check here if you need more space to describe this motion and attach a separate page or pages describing it. At the top of each page, write "CR-135, item 5b(1)." (2) Describe the second motion: The motion was filed by the There was was not prosecutor. defendant. a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: The trial court granted this motion. did not grant this motion. Other (describe any other action the trial court took concerning this motion): Check here if you need more space to describe this motion and attach a separate page or pages describing it. At the top of each page, write "CR-135, item 5b(2)." Check here if any other motions were filed, and attach a separate page or pages describing each motion, identifying who made the motion and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of each page, write "CR-135, item 5b(3)." Revised July 1, 2009 Proposed Statement on Appeal (Misdemeanor) CR-135, Page 3 of 7 Trial Court Case Number: Trial Court Case Name: 6 Summary of Testimony a. Was there a trial in your case? (skip items b, c, and d and go to item 7 ) No (check (1) or (2) and complete items b, c, and d) Yes (1) (2) Jury trial Trial by judge only b. Did you/your client testify at the trial? No Yes (write a complete and accurate summary of the testimony you/your client gave. Include only what you actually said; do not comment on or give your opinion about what you said): Check here if you need more space to summarize your/your client's testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write "CR-135, item 6b." c. Did an officer from the police department, sheriff's office, or other government agency that charged you/your client testify at the trial? (check one): No Yes (comp
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