Chapter 2. Appeals In Misdemeanor And Infraction Cases of California Penal Code >> Title 11. >> Part 2. >> Chapter 2.
An appeal may be taken from a judgment or order, in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(a) By the people:
(1) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(2) From an order or judgment dismissing or otherwise terminating
all or any portion of the action, including such an order or
judgment, entered after a verdict or finding of guilty or a verdict
or judgment entered before the defendant has been placed in jeopardy
or where the defendant has waived jeopardy.
(3) From sustaining a demurrer to any portion of the complaint or
(4) From an order granting a new trial.
(5) From an order arresting judgment.
(6) From any order made after judgment affecting the substantial
rights of the people.
(7) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
paragraph, "unlawful sentence" means the imposition of a sentence not
authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(8) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may seek
appellate review of any grant of probation, whether or not the court
imposes sentence, by means of a petition for a writ of mandate or
prohibition that is filed within 60 days after probation is granted.
The review of any grant of probation shall include review of any
order underlying the grant of probation.
(b) By the defendant:
(1) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered sex offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(2) From any order made after judgment affecting his or her
An appeal from a judgment of conviction does not stay the
execution of the judgment in any case unless the trial or a reviewing
court shall so order. The granting or refusal of such an order shall
rest in the discretion of the court, except that a court shall not
stay any duty to register as a sex offender pursuant to Section 290.
Appeals to the appellate divisions of superior courts shall
be taken, heard and determined, the decisions thereon shall be
remitted to the courts from which the appeals are taken, and the
records on such appeals shall be made up and filed in such time and
manner as shall be prescribed in rules adopted by the Judicial
Upon appeal by the people the reviewing court may review any
question of law involved in any ruling affecting the judgment or
order appealed from, without exception having been taken in the trial
court. Upon an appeal by a defendant the court may, without
exception having been taken in the trial court, review any question
of law involved in any ruling, order, instruction, or thing
whatsoever said or done at the trial or prior to or after judgment,
which thing was said or done after objection made in and considered
by the trial court and which affected the substantial rights of the
defendant. The court may also review any instruction given, refused
or modified, even though no objection was made thereto in the trial
court if the substantial rights of the defendant were affected
thereby. The reviewing court may reverse, affirm or modify the
judgment or order appealed from, and may set aside, affirm or modify
any or all of the proceedings subsequent to, or dependent upon, such
judgment or order, and may, if proper, order a new trial. If a new
trial is ordered upon appeal, it must be had in the court from which
the appeal is taken.