Form 13.4. Notice of Intent to Appeal
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 7, 2023
Effective: November 7, 2023
T. 22, Ch. 18, App., Form 13.4
Form 13.4. Notice of Intent to Appeal
IN THE DISTRICT COURT OF __________ COUNTY STATE OF OKLAHOMA
THE STATE OF OKLAHOMA, | ) | APPEAL CASE NO. |
Plaintiff, | ) | DISTRICT COURT CASE NO. __________ |
) | ||
v. | ) | TYPE OF APPEAL |
) | ( ) Direct Felony Appeal | |
) | ( ) Direct Misdemeanor Appeal | |
__________, | ) | ( ) Certiorari |
) | ( ) Revocation/Acceleration | |
Defendant. | ) | ( ) Termination From Drug Court |
) | ( ) State Appeal--1089.1--1089.7 | |
) | ( ) State Appeal -- 1053(1)--(6)/1053.1 | |
) | ( ) Stand Your Ground Appeal -- 1051(D)/1053(7) | |
( ) Juvenile--Adjudication | ||
( ) Juvenile--(Certification) | ||
( ) Juvenile--(Reverse Certification) | ||
( ) Youthful Offender--(Sentencing as Adult) | ||
( ) Youthful Offender--Bridge to DOC | ||
( ) Other (specify) __________ | ||
( ) CAPITAL | ||
( ) NON-CAPITAL |
NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGEMENT; AND NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED
The Defendant was sentenced on the _____ day of ____________________, 20_____, for:
If certiorari appeal, date of trial court's denial to withdraw plea __________.
Crime(s) | Statute(s) | Sentence |
The sentence(s) was/were ordered to run ( ) concurrently ( ) consecutively as follows:
__________ The Defendant intends to appeal ( ) all convictions arising from the trial had in the above captioned case, whether hereinabove specifically listed or not; or ( ) only the following Counts:
__________ to the Oklahoma Court of Criminal Appeals pursuant to __________ (cite specific statute). This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit “A”, pursuant to Rule 2.5(B) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial court within ten (10) days of the date of the pronouncement of the Judgment and Sentence in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B). The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A. To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit “B”.
____________________
Trial Counsel
( ) Retained
( ) Appointed
( ) Individual
( ) Oklahoma Indigent Defense System
( ) Oklahoma County Public Defender
( ) Tulsa County Public Defender
A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were mailed this _____ day of ____________________, 20_____, to the Clerk of the Oklahoma Court of Criminal Appeals.
____________________
Trial Counsel
(Signature plus typed name)
____________________
OBA No. ____________________
Address ____________________
____________________
Telephone No. ____________________
In accordance with Rule 1.14 of the Rules of the Court of Criminal Appeals, 22 O.S., Ch.18, App., the Defendant submits that he/she is indigent and cannot pay the costs of an appeal. Counsel states:
( ) Indigency has been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) will be provided if this Court elects to review the Defendant's status.
( ) Indigency has not been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) is attached as Exhibit “C”.
It is requested that appropriate counsel be appointed and transcripts be prepared at the expense of the State.
____________________
Trial Counsel
Pursuant to Rule 1.14 of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, this Court finds the Defendant ( )IS ( )IS NOT currently indigent.
THE COURT ORDERS:
Name:
Mailing Address:
Transcript Type:
Transcript Date: 3. The return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E).
4. __________, ( )CHIEF, CAPITAL DIRECT APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was imposed) ( )CHIEF OF THE GENERAL APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was not imposed) ( )PUBLIC DEFENDER OF TULSA COUNTY ( )PUBLIC DEFENDER OF OKLAHOMA COUNTY ( )A PRIVATE ATTORNEY, ADDRESS __________, TELEPHONE __________, is appointed to represent the Defendant on appeal. (The public defender of Tulsa County and Oklahoma County may only be appointed if that office represented the defendant at trial unless a conflict of interest exists as determined.)
5. Any Supplemental Designation of Record by the Oklahoma Indigent Defense System pursuant to Section 1362 of Title 22 must be filed and served upon the appropriate court reporter(s) within thirty (30) days from the date of appointment, and the reporter's acknowledgement of service shall be filed in accordance with Rule 1.15(B); 2.1(B)(2).
6. __________, trial counsel for the Defendant, is permitted to withdraw as counsel of record. 7. Cases in which death penalty imposed: (name), Chief of the Capital Post-Conviction Division of the Oklahoma Indigent Defense System, is appointed to represent the defendant on the filing of an application for post-conviction relief in accordance with the provisions of §§ 1089 and 1356 of Title 22.
IT IS SO ORDERED.
This order signed this _____ day of ____________________, 20_____.
____________________
Judge of the District Court
______________________________
(Signature plus typed name and title)
NOTE: A NOTICE OF INTENT TO APPEAL AND DESIGNATION OF RECORD MUST BE FILED WITHIN TEN (10) DAYS FROM THE DATE THE SENTENCE IS PRONOUNCED IN OPEN COURT WITH THE CLERK OF THE TRIAL COURT. THIS NOTICE AND DESIGNATION IS JURISDICTIONAL AND FAILURE TO TIMELY FILE CONSTITUTES WAIVER OF THE RIGHT TO APPEAL. A CERTIFIED COPY OF THIS NOTICE AND DESIGNATION SHALL ALSO BE FILED BY TRIAL COUNSEL WITH THE CLERK OF THE COURT OF CRIMINAL APPEALS WITHIN TEN (10) DAYS FROM THE DATE THE NOTICE IS FILED IN THE TRIAL COURT. NO TRIAL ATTORNEY MAY BE GRANTED PERMISSION TO WITHDRAW, IF THE DEFENDANT DESIRES TO APPEAL, UNLESS THESE DOCUMENTS ARE FILED. IF THE DEFENDANT DOES NOT WISH TO APPEAL THIS CONVICTION, TRIAL COUNSEL MUST FILE AN AFFIDAVIT SIGNED BY TRIAL COUNSEL AND ACKNOWLEDGED BY THE TRIAL JUDGE WITH THE CLERK OF THE DISTRICT COURT, BEFORE TRIAL COUNSEL IS ALLOWED TO WITHDRAW, ASSERTING THAT THE DEFENDANT HAS BEEN FULLY ADVISED OF HIS/HER APPEAL RIGHTS AND DOES NOT WISH TO PURSUE AN APPEAL OF THE CONVICTION. See Rule 1.14(D).
__________
NOTE: No Designation of Record shall be accepted for filing by the trial court clerk unless it contains one of the following:
A. A signed acknowledgement from the court reporter(s) who reported proceedings in a case indicating receipt of the request for transcript(s), the date received, and completed financial arrangements, or an order of the trial court directing the case be prepared at public expense; or, [For Supplemental Designation of Record, a signed certified mail return receipt card acknowledged by the court reporter(s), together with the attorney's certificate of mailing attached is sufficient for compliance.] or,
B. A signed statement by the attorney preparing the designation of record stating that transcripts have not been ordered and a brief explanation why. (Example, I, ____________________, attorney for the Appellant, hereby state that I have not ordered a transcript because: (1.) A transcript is not necessary for this appeal; (2.) No stenographic reporting was made.)
A true and correct certified copy of this Notice and Order and the Designation of Record were mailed this _____ day of ____________________, 20_____, to ( )the Capital Direct Appeals Division, Oklahoma Indigent Defense System, 1660 Cross Center Drive, Norman, Oklahoma 73019; ( )the General Appeals Division, Oklahoma Indigent Defense System, P.O. Box 926, Norman, Oklahoma 73070-0926; ( ) Public Defender of Oklahoma County, 611 County Office Building, 320 Robert S. Kerr Avenue, Oklahoma City, Oklahoma 73102; ( )Public Defender of Tulsa County, 189 Courthouse, 500 South Denver Avenue, Tulsa, Oklahoma 74103; ( ) ____________________, privately retained counsel.
______________________________
Deputy Court Clerk, __________ County
Credits
Amended December 10, 1997, effective January 1, 1998; May 21, 2003; January 31, 2008. Corrected effective February 6, 2008; February 20, 2008. Amended effective November 7, 2023.
Court of Criminal Appeals Form 13.4, 22 O. S. A. Ch. 18, App., OK ST CR A CT Form 13.4
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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