Rule 1.4. Computation of Time for Appeal
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 7, 2023
Effective: November 7, 2023
T. 22, Ch. 18, App., Rule 1.4
Rule 1.4. Computation of Time for Appeal
The computation of the time period for perfecting an appeal commences to run on the date the judgment and sentence is pronounced or, in the case of a resentencing appeal, when the new sentence is pronounced in open court. In computing a time limit prescribed in these Rules, the first day shall be excluded and the last included to complete the time period, as follows:
A. Misdemeanor and Felony Appeals. An appeal from any misdemeanor or felony conviction, except capital cases, must be perfected by the filing of the petition in error, original record, transcripts and evidence within ninety (90) days from the date the Judgment and Sentence is pronounced. See Section 1054 of Title 22.
B. Capital Appeals. An appeal from a conviction for Murder, First Degree, where the death penalty is imposed must be perfected by the filing of the petition in error, original record, transcripts and evidence, and trial judge's report within six (6) months from the date the Judgment and Sentence is pronounced. See Section 701.13 of Title 21.
(1) State appeals, except for juvenile cases and Stand Your Ground appeals, must be perfected within the time limits as set out in Subsection A, commencing from the date the order being appealed is pronounced in open court or filed in the office of the district court clerk, whichever date is earlier.
Credits
Amended effective January 31, 2008. Corrected effective February 6, 2008; February 20, 2008. Amended effective November 7, 2023.
Court of Criminal Appeals Rule 1.4, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 1.4
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document |