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eService Update:
The Stanislaus County Public Defender is No Longer Accepting Paper Service Copies

The Stanislaus County Public Defender will no longer accept paper service copies of briefs or other filings in Court of Appeal cases. Instead, the office has requested that all counsel use their TrueFiling service email, PubDefE-service@stancounty.com, if counsel serves the public defender with a filing in a Court of Appeal case.

CCAP is in the process of collecting eservice addresses for district attorney and public defender offices in counties within the jurisdiction of the Third District and Fifth District Courts of Appeal. We will post eservice addresses that we are able to obtain on our website here.

 

Governor Newsom Signs Criminal Justice Bills to Support Reentry and Sentencing Reform

On October 8, 2019, Governor Gavin Newsom signed 25 bills aimed at setting a path to reform California's criminal justice system. An article from the Governor's Office on the bills is available here (external link).

Appellate practitioners may be especially interested in the following bills:

--SB 136 removes the 1-year sentence enhancement that is applied to current sentences for each prior felony jail or prison term served.

--AB 1618 prohibits plea bargains that require a defendant to generally waive unknown future potential benefits of changes in the law that may occur after the date of the plea.

--AB 484 removes a mandatory minimum sentence for certain drug crimes, allowing for judicial discretion in imposing any period of confinement.

--AB 1076 creates an automated record clearance system for low-level offenses.

 

 

 

Third District Practice Tip: When Appeal Involves the Record in a Prior Case

When a current appeal involves a record from a prior appeal, and appointed counsel would like the record from the prior appeal as part of the record for the present appeal, counsel should file a motion to incorporate by reference, not a motion to augment or a motion for judicial notice. (See Cal. Rules of Court, Rule 8.147(b).) If the motion is granted, the Court of Appeal will contact counsel to find out what portions of the record counsel needs for the appeal and will send copies to counsel.

 

CCAP's New Line-By-Line Guide for Claims

CCAP's Line-by-Line Guide for Claims (PDF) has been updated following the rollout of the Statewide Claims Manual. Its purpose is to provide instruction regarding the correct claim line placement of services and expenses. The guide also includes court-specific policies for compensation that apply for Third District and Fifth District cases.