Alameda County Superior Court
Criminal Court Self Help - Appeals

Following a jury or court trial, you may appeal the Court’s decision to the appropriate appellate department of the court. An appeal is not a new trial or a retrial. It is a review of the evidence (testimony and exhibits) presented at the original trial. There are two main grounds on appeal: (1) the evidence in the trial court was insufficient to justify the verdict or judgment; and (2) errors of law were committed during or before the trial that harmed the appealing party. On the first ground, the appellate court will not reweigh the evidence or decide who should be believed. Instead the court will review the record to determine if there is any substantial evidence to support the judgment. On the second ground, the appellate court will listen and decide whether there has been any irregularity and whether any error prejudiced or substantially harmed the appealing party. Most appeals are won or lost on these issues of error or law and procedures.

For misdemeanor cases, a Notice of Appeal must be filed within 30 days of the date of the judgment or order. This must be filed in the clerk’s office where the trial was heard.

For felony cases, a Notice of Appeal must be filed within 60 days of judgment or order. This must be filed in the clerk’s office located at Rene C. Davison Courthouse, 1225 Fallon St., Appeals Section, Oakland, CA 94612.

For further information on appeal procedures, see California Rules of Court #182 through #191 (for misdemeanor cases) and California Rules of Court #1 through #55 (for felony cases). Theses rules can be located in any law library. These rules control many of the details of appeals to the Superior Court and should be read and followed exactly.