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2018 California Rules of Court

Rule 8.600. In general

(a) Automatic appeal to Supreme Court

If a judgment imposes a sentence of death, an appeal by the defendant is automatically taken to the Supreme Court.

(b) Copies of judgment

When a judgment of death is rendered, the superior court clerk must immediately send certified copies of the commitment to the Supreme Court, the Attorney General, the Governor, and the California Appellate Project in San Francisco.

(c) Extensions of time

When a rule in this part authorizes a trial court to grant an extension of a specified time period, the court must consider the relevant policies and factors stated in rule 8.63.

(Subd (c) amended effective January 1, 2007.)

(d) Supervising preparation of record

The clerk/executive officer of the Supreme Court, under the supervision of the Chief Justice, must take all appropriate steps to ensure that superior court clerks and reporters promptly perform their duties under the rules in this part. This provision does not affect the superior courts' responsibility for the prompt preparation of appellate records in capital cases.

(Subd (d) amended effective January 1, 2018.)

(e) Definitions

For purposes of this part:

(1)The delivery date of a transcript sent by mail is the mailing date plus five days; and

(2)"Trial counsel" means both the defendant's trial counsel and the prosecuting attorney.

(Subd (e) amended effective January 1, 2007.)

Rule 8.600 amended effective January 1, 2018; repealed and adopted as rule 34 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.

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