Skip to content
Name: People v. Kennedy
Case #: E046145
Court: CA Court of Appeal
District 4 DCA
Division: 4
Opinion Date: 12/03/2008

“A direct appeal to the appellate division of the superior court is authorized only if a defendant convicted after a trial by declaration has timely sought a trial de novo.” Appellant opted to have a trial by declaration for his traffic infraction. (Veh. Code, § 40902.) Upon conviction, he did not request a trial de novo. Instead, he appealed to the superior court appellate division, which dismissed the case, but then granted rehearing and certified the matter to the appellate court to determine the issue of jurisdiction. The Court of Appeal held a trial de novo is a prerequisite to filing an appeal. Notwithstanding the language in Penal Code section 1466, the court found Vehicle Code section 40902, subdivision (d), and California Rules of Court, rule 4.210(b)(7) govern because the former is a general statute controlled by the specific ones.