Misdemeanor and Infraction Criminal Appeals

The defendant may appeal a judgment or order in misdemeanor or infraction cases to the appellate division of the superior court of the county in which the case was heard.

The defendant in a misdemeanor or infraction case has a pretrial right to appeal the denial of a Penal Code §1538.5 motion to suppress evidence to the appellate division of the superior court.

After trial, a defendant in a misdemeanor or infraction case may appeal the final judgment of conviction including granting probation, any postjudgment order affecting the defendant's substantial rights.

Scott Hughes is a criminal defense lawyer in Newport Beach, California practicing in State and Federal Court.