Status: Appeal...need more info!! California

[ChristyluvsMark]

Hello All,

ok, sadly I am not new this and returning again... My husband went to trial for charges that we think were charged unfair...and lost He received 4 yrs and a strike at 85%. Long story short, he has requested an appeal. One the Orange County website under status it said Appeal...does that mean that the appeal board has taken his case? If so, who do we wait to hear from? How long does it take? and how likely is it that this sentenced will be reduced/reviewed? Any info will surely be appreciated!! Thank you!!

[Colorado_Lawyer]

Originally Posted by ChristyluvsMark

Hello All,

ok, sadly I am not new this and returning again... My husband went to trial for charges that we think were charged unfair...and lost He received 4 yrs and a strike at 85%. Long story short, he has requested an appeal. One the Orange County website under status it said Appeal...does that mean that the appeal board has taken his case? If so, who do we wait to hear from? How long does it take? and how likely is it that this sentenced will be reduced/reviewed? Any info will surely be appreciated!! Thank you!!

If you could post a link to what you are talking about, I could take a look. I would guess that the status of "appeal" just means that a notice of appeal has been filed, removing jurisdiction from the trial court to the appellate court. If this is a direct appeal of a conviction and sentence, then the appeal court has to hear the appeal (if the appeal was properly perfected), but it will be months, even years, before the appellate judges actually start to consider the case. In Colorado, it takes a minimum of 12-18 months (and often 30 or more months) for the transcripts to be prepared, the appellate record transmitted and the briefs filed before the case is "at issue" and the appellate judges start to review the record and briefs.

[mrsgonzos]

What are the chances of an appeal based on the fact that the judge misread jury instructions? We are here in california as well. The judge stated that his intent had to be ambiguous and that is wrong the word he should have used was unambiguous...two totally different meanings. His charge is premeditated but the jury was given the wrong instructions on intent.

[Colorado_Lawyer]

My experience is that the best appellate issues involve incorrect jury instructions. So, hopefully you have a good shot at a reversal. Good luck.