SB 1514

Bill Subjects

Abstract

Existing law provides that an appeal is automatically taken by the defendant in any case where a judgment of death is rendered, without any action by the defendant or his or her counsel. The California Constitution provides that the State Supreme Court has appellate jurisdiction when judgment of death has been pronounced. Existing law states the intention of the Legislature that the sentence in all capital cases should be imposed expeditiously and requires that the record on appeal be expeditiously certified, as provided. Existing law requires that the opening appellate brief in an automatic appeal of a judgment of death to the Supreme Court be filed no later than 7 months after the certification of the record for completeness, unless the transcript exceeds 10,000 pages. Existing law states that it is the Legislature's goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of the briefing. This bill would remove the automatic appeal to the State Supreme Court in cases where a judgment of death is rendered and would instead provide that an appeal may be taken to an appellate court in the same manner as an appeal where a judgment of death is not rendered in a murder case, except as required by the above provisions of law pertaining to the expeditious resolution of capital cases. The bill would make conforming changes. The bill would become operative only if Senate Constitutional Amendment ____ of the 2011–12 Regular Session is approved by the voters.