Form CR-135 "Proposed Statement on Appeal (Misdemeanor)" - California

What Is Form CR-135?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2017;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form CR-135 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form CR-135 "Proposed Statement on Appeal (Misdemeanor)" - California

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Proposed Statement on Appeal
Clerk stamps date here when form is filed.
CR-135
(Misdemeanor)
Instructions
This form is only for preparing a proposed statement on appeal in an
misdemeanor case.
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.courts.ca.gov/forms.
You fill in the name and street address of the court
This form can be attached to your Notice Regarding Record on Appeal
that issued the judgment or order you are
appealing:
(Misdemeanor) (form CR-134). If it is not attached to that notice, this form
Superior Court of California, County of
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
and for each of the other parties.
You fill in the number and name of the trial court
Serve a copy of the completed form on each of the other parties and keep
case in which you are appealing the judgment or
proof of this service. You can get information about how to serve court
order:
papers and proof of service from What Is Proof of Service? (form
Trial Court Case Number:
APP-109-INFO) and on the California Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
Trial Court Case Name:
Take or mail the completed form and proof of service on each of the other
The People of the State of California
parties to the clerk’s office for the same court that issued the judgment or
v.
order you are appealing. It is a good idea to take or mail an extra copy to the
You fill in the appellate division case number (if
clerk and ask the clerk to stamp it to show that the original has been filed.
you know it):
Appellate Division Case Number:
Your Information
1
a.
Appellant (the party who is filing this appeal):
Name:
Street address:
Street
City
State
Zip
Mailing address (if different):
Street
City
State
Zip
Phone:
E-mail:
b.
Appellant’s lawyer (skip this if the appellant is filling out this form):
The lawyer filling out this form (check (1) or (2)):
(2)
(1)
was the appellant’s lawyer in the trial court.
is the appellant’s lawyer for this appeal.
Name:
State Bar number:
Street address:
Street
City
State
Zip
Mailing address (if different):
Street
City
State
Zip
Phone:
E-mail:
Fax:
Judicial Council of California, www.courts.ca.gov
CR-135,
Proposed Statement on Appeal
Page 1 of 7
Revised January 1, 2017, Optional Form
(Misdemeanor)
Cal. Rules of Court, rule 8.869
Proposed Statement on Appeal
Clerk stamps date here when form is filed.
CR-135
(Misdemeanor)
Instructions
This form is only for preparing a proposed statement on appeal in an
misdemeanor case.
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.courts.ca.gov/forms.
You fill in the name and street address of the court
This form can be attached to your Notice Regarding Record on Appeal
that issued the judgment or order you are
appealing:
(Misdemeanor) (form CR-134). If it is not attached to that notice, this form
Superior Court of California, County of
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
and for each of the other parties.
You fill in the number and name of the trial court
Serve a copy of the completed form on each of the other parties and keep
case in which you are appealing the judgment or
proof of this service. You can get information about how to serve court
order:
papers and proof of service from What Is Proof of Service? (form
Trial Court Case Number:
APP-109-INFO) and on the California Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
Trial Court Case Name:
Take or mail the completed form and proof of service on each of the other
The People of the State of California
parties to the clerk’s office for the same court that issued the judgment or
v.
order you are appealing. It is a good idea to take or mail an extra copy to the
You fill in the appellate division case number (if
clerk and ask the clerk to stamp it to show that the original has been filed.
you know it):
Appellate Division Case Number:
Your Information
1
a.
Appellant (the party who is filing this appeal):
Name:
Street address:
Street
City
State
Zip
Mailing address (if different):
Street
City
State
Zip
Phone:
E-mail:
b.
Appellant’s lawyer (skip this if the appellant is filling out this form):
The lawyer filling out this form (check (1) or (2)):
(2)
(1)
was the appellant’s lawyer in the trial court.
is the appellant’s lawyer for this appeal.
Name:
State Bar number:
Street address:
Street
City
State
Zip
Mailing address (if different):
Street
City
State
Zip
Phone:
E-mail:
Fax:
Judicial Council of California, www.courts.ca.gov
CR-135,
Proposed Statement on Appeal
Page 1 of 7
Revised January 1, 2017, Optional Form
(Misdemeanor)
Cal. Rules of Court, rule 8.869
The People of the State of California v.
Trial Court Case Number:
Trial Court Case Name:
Information About Your Appeal
On (fill in the date):
, I/my client filed a notice of appeal in the trial court case identified
2
in the box on page 1 of this form.
On (fill in the date):
, I/my client filed a Notice Regarding Record on Appeal, choosing
3
to use a statement on appeal as the record of what was said in this case.
Proposed Statement
Reasons for Your Appeal
4
Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors
were made in the trial court proceedings (read form CR-131-INFO to learn about these legal errors):
There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing.
A “prejudicial error” was made during the trial court proceedings.
The appellate division:
Cannot retry your case or take new evidence.
Cannot consider whether witnesses were telling the truth or lying.
Cannot consider whether there was more or stronger evidence supporting your position than there was
supporting the trial court’s decision.
(Check all that apply and describe in detail the legal error or errors you believe were made that are the reason for
this appeal.)
a.
There was not substantial evidence that supported the judgment, order, or other decision that I/my client
indicated in the notice of appeal that is being appealed in this case. (Explain why you think the judgment,
order, or other decision was not supported by substantial evidence.):
b.
The following error or errors about either the law or court procedure was/were made that caused substantial
harm to me/my client. (Describe each error and how you were/your client was harmed by that error.)
(1) Describe the error:
Describe how this error harmed you/your client:
CR-135,
Proposed Statement on Appeal
Revised January 1, 2017
Page 2 of 7
(Misdemeanor)
The People of the State of California v.
Trial Court Case Number:
Trial Court Case Name:
b. (continued)
4
(2)
Describe the error:
Describe how this error harmed you/your client:
(3) Describe the error:
Describe how this error harmed you/your client:
Check here if you need more space to describe these or other errors and attach a separate page or pages
describing the errors. At the top of each page, write “CR-135, item 4.”
The Charges Against Me/My Client
5
a.
The charges against me/my client were (list all of the charges indicated on the citation or complaint filed with
the court by the prosecutor):
b. I/My client (check (1), (2), or (3))
(1)
pleaded not guilty to all of the charges.
(2)
pleaded guilty to only the following charges:
(3)
pleaded guilty to all of these charges.
CR-135,
Proposed Statement on Appeal
Revised January 1, 2017
Page 3 of 7
(Misdemeanor)
The People of the State of California v.
Trial Court Case Number:
Trial Court Case Name:
Summary of Any Motions and the Court's Order on the Motion
6
a.
Were any motions (requests for the trial court to issue an order) made in this case that are relevant to the reasons
4
you gave in
for this appeal?
Yes (fill out b)
No (skip to item
7
)
b.
In the spaces below, describe any motions (requests for orders) that were made in the trial court that are
relevant to the reasons you gave in
for this appeal. Write a complete and accurate summary of what was said
4
at any hearings on these motions and indicate how the trial court ruled on these motions:
(1) Describe the first motion:
prosecutor.
The motion was filed by the
defendant.
There
was
was not
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:
did not grant this motion.
The trial court
granted 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 6b(1).”
Describe the second motion:
(2)
The motion was filed by the
prosecutor.
defendant.
There
was
was not
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
did not grant this motion.
granted 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 this motion. At the top of each page, write “CR-135, item 6b(2).”
CR-135,
Proposed Statement on Appeal
Revised January 1, 2017
Page 4 of 7
(Misdemeanor)
The People of the State of California v.
Trial Court Case Number:
Trial Court Case Name:
(3)
Check here if any other motions were filed that are relevant to the reasons you gave in
for this
4
appeal, 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 6b(3).”
Summary of Testimony and Other Evidence
7
a.
Was there a trial in your case?
No
(skip items b, c, d, e, and f, and go to item
)
8
Yes
(complete items b, c, d, e, and f)
(1)
Jury trial
(2)
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 that is relevant to the
4
reasons you gave in
for this appeal. Include only what you actually said; do not comment on or give your
opinion about what you said. Please indicate whether any objections were made concerning your/your
client’s testimony or any exhibits you/your client asked to present and whether these objections were
sustained.):
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 7b.”
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 (complete (1) and (2)):
(1)
The name of the officer who testified is (fill in the officer’s name):
(2)
This officer testified that (Write a complete and accurate summary of the officer’s testimony that is relevant
to the reasons you gave in
for this appeal. Include only what the officer actually said; do not comment
4
on or give your opinion about what the officer said. Please indicate whether any objections were made
concerning the officer’s testimony or any exhibits the officer asked to present and whether these objections
were sustained.):
Check here if you need more space to summarize the officer’s testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-135, Item 7c.”
CR-135,
Proposed Statement on Appeal
Revised January 1, 2017
Page 5 of 7
(Misdemeanor)
Page of 7