FILING A NOTICE OF APPEAL AFTER A VIOLATION OF PROBATION
The superior court must receive the notice of appeal
within 60 days after sentencing. The superior court
is the same court where the defendant is sentenced. If you
direct the defendant’s attorney to file a notice of
appeal, he or she normally does so. To attack the plea, you
need to make a request for a certificate of probable cause
on the back of the form.
If you wish to file a notice of appeal, use this
The defendant’s (or if the notice is prepared by the
attorney, the attorney’s) name and address belong in
the top left hand corner.
Below the top box, put the defendant’s name where it
says “DEFENDANT:” and then put in the defendant’s
date of birth.
Write the case number in the box for CASE NUMBER(S).
In item 1, write the defendant’s name and the date of
the sentencing hearing.
In item 2, if there was a contested violation of probation
hearing, to to heading b and mark box (2). A contested violation of probation hearing
means the defendant had a contested hearing on the allegations
that he or she did not follow the conditions of probation.
A hearing on the sentence does not count as a contested violation
of probation hearing.
If the defendant admitted a violation of probation hearing, go to heading a.
The appeal will be based on the sentence and other
matters occurring after the plea or admission so mark box
(1). Always mark this box. If you do not mark this
box and the judge never grants a certificate of probable cause,
there will be no appeal.
If the defendant wishes to also challenge the denial of a
suppression motion made after the violation of probation was
alleged, mark box (2).
If the defendant wishes to also challenge the validity of
the admission, mark box (3) and complete the request for a
certificate of probable cause on page two (see below).
In item 3, request appointed counsel on appeal. Indicate whether
the defendant hired an attorney in the trial court.
In item 4, give
the defendant’s address.
Print the date and your name and sign your name at the arrow
On page two is the request for a certificate of probable cause.
In the boxes on the top, write the defendant’s name
and the case number. In the lined portion of the form, the
defendant or trial counsel must state why it is believed the
plea or admission was illegal. The argument will be the same as that in
the motion to withdraw the plea or in other relevant motions
that were made in the superior court. Print the date and the your name and sign at the arrow ().
This is a statement under penalty of perjury, so you must
be truthful. The defendant cannot contest the denial of the
motion to withdraw the plea without the superior court issuing
a certificate of probable cause. Without a certificate of probable cause, many aspects of the sentence cannot be challenged that were part of the plea bargain or when there is a waiver of appelalte rights. The judge must grant the
certificate of probable cause within 20 days after the notice
of appeal is filed. (California Rules of Court, Rule 8.304(b)(2).) It is a good idea to have someone call
the superior court after the notice of appeal was filed to
make sure that the application has been forwarded to the judge.