Deadlines After a Conviction
Cal. Rules of Court, rule 8.308 — 60 days after the judgment to file a notice of appeal
60 days. Except as the rule provides or as otherwise provided by law, a notice of appeal, and any statement required by Penal Code section 1237.5, must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66, no court may extend the time to file a notice of appeal.
Who handles this in California: State Bar of California, Certified Lawyer Referral Services; and legal aid programs and the state offices, listed in the California directory.
A cross-appeal. Where the defendant or the People timely appeal, the time for any other party to appeal from the same judgment or order is the time in the rule, or 30 days after the superior court clerk sends notification of the first appeal, whichever is later.
A late notice. The superior court clerk marks a late notice of appeal received but not filed, notifies the party that it was not filed because it was late, and sends a copy of it to the district appellate project.
Habeas corpus after a conviction has its own page. Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed California attorney.
Sources for this section (1)
- Cal. Rules of Court, rule 8.308 — Time to appeal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.