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Criminal Writs and Appeals

Criminal Writs and Appeals

Criminal Appeals from Misdemeanor Convictions 


Jurisdiction of Superior Court Appellate Department

CCP § 77 gives the Superior Court Appellate Division jurisdiction over appeals from misdemeanor convictions in Superior Court.

Prior to the consolidation of municipal and superior courts, misdemeanors were tried in the Municipal courts. Hence, an appeal to the Superior Court Appellate Department meant that the panel of judges deciding the case were at least somewhat removed from their brethren on the Municipal Bench.

Today, to the detriment of the appellant, the panel of judges on the Superior Court Appellate Departments are reviewing rulings made by their colleagues on the same Superior Court bench. This may be why Rule of Court 64(b) now permits the filing of a petition for review to the Court of Appeal, even where the Superior Court Appellate Department has denied a request for certification and transfer.

Criminal writs and appeals is a tricky area of practice and should only be left to those attorneys who are familiar with the process. The California DUI Lawyers of the Law Office of Barry T. Simons and the Law Office of Paul Burglin are firms familiar with criminal writs and appeals. Mr. Simons has appeared before the local Courts of Appeal, the California State Supreme Court, the Ninth Circuit Court of Appeals and the United States Supreme Court, often referred to as the "Highest Court in the Land".
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