Criminal courts: appeals: fees.
Summary
Existing law allows an appeal to be taken by the defendant from a final judgment of conviction, except that existing law prohibits an appeal by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered after sentencing, the defendant first makes a motion for correction of the record in the trial court. This bill would prohibit a defendant from taking an appeal from a judgment of conviction solely on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The bill would also allow a motion for correction in the trial court regarding the calculation of presentence custody credits to be made informally in writing. The bill would provide that the trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the calculation of presentence custody credits, or in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs, upon the defendant's request for correction.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2015
Committee Review
Jul 2015
Assembly Passage
Apr 2015
Senate Passage
Jul 2015
Signed into Law
Aug 2015
Introduced Feb 9, 2015
Signed Aug 13, 2015
Floor votes · Senate Jul 6, 2015 · Assembly Apr 23, 2015
How they voted
33–0
Passed
Total votes 33
Jul 6, 2015
D
Democratic23
100% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
8
Committee
10
Amendments
2
Aug 13, 2015
Signed into law
Approved by the Governor.
legislature
Jul 6, 2015
Senate · Passed
Senate Vote: pass (33-0)
senate
Jul 6, 2015
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jun 22, 2015
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jun 9, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 9). Re-referred to Com. on APPR.
upper
May 7, 2015
Committee
Referred to Com. on PUB. S.
upper
Apr 23, 2015
Assembly · Passed
Assembly Vote: pass (71-0-1)
assembly
Apr 15, 2015
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 15).
lower
Apr 14, 2015
Committee
Re-referred to Com. on APPR.
lower
Apr 9, 2015
Committee
Re-referred to Com. on APPR.
lower
Mar 24, 2015
Committee
Re-referred to Com. on APPR.
lower
Mar 23, 2015
Lower · Passed
Read second time and amended.
lower
Mar 19, 2015
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 17).
lower
Feb 17, 2015
Committee
Referred to Com. on PUB. S.
lower
Feb 10, 2015
Lower · Passed
From printer. May be heard in committee March 12.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jay Obernolte
RRepublican
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