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2014 California Rules of Court

Rule 8.366. Hearing and decision in the Court of Appeal

(a) General application of rules 8.252-8.272

Except as provided in this rule, rules 8.252-8.272 govern the hearing and decision in the Court of Appeal of an appeal in a criminal case.

(Subd (a) amended and lettered effective January 1, 2009; adopted as unlettered subd effective January 1, 2004.)

(b) Finality

(1)Except as otherwise provided in this rule, a Court of Appeal decision in a proceeding under this chapter, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.

(2)The following Court of Appeal decisions are final in that court on filing:

(A)The denial of an application for bail or to reduce bail pending appeal; and

(B)The dismissal of an appeal on request or stipulation.

(3)If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

(4)If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.

(Subd (b) adopted effective January 1, 2009.)

(c) Sanctions

Except for (a)(1), rule 8.276 applies in criminal appeals.

(Subd (c) amended and lettered effective January 1, 2009; adopted as unlettered subd effective January 1, 2004.)

Rule 8.366 amended effective January 1, 2009; adopted as rule 33.1 effective January 1, 2004; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008.

Advisory Committee Comment

Subdivision (b). As used in subdivision (b)(1), "decision" includes all interlocutory orders of the Court of Appeal. (See Advisory Committee Comment to rule 8.500(a) and (e).) This provision addresses the finality of decisions in criminal appeals. See rule 8.264(b) for provisions addressing the finality of decisions in proceedings under chapter 2, relating to civil appeals, and rule 8.490 for provisions addressing the finality of proceedings under chapter 7, relating to writs of mandate, certiorari, and prohibition.

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