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  1. #1
    Join Date
    Jul 2012
    Posts
    14

    Default How to Get a Transcript from a Misdemeanor Conviction

    My question involves criminal law for the state of: California

    I'm stuck. My lawyer during my original case screwed me over, too long of a story on how, and now I am stuck with too high of an income for representation, but barely enough to live by in the Bay Area.

    I submitted the proper paperwork in my appeal of a misdemeanor case and the court is refusing to prepare a transcript as required by not only the paperwork itself (From CR-134 option 5(b)). They simply sent me a CD of the record when the form says that is something I have to stipulate to, otherwise they have to prepare a record. I double checked to make sure they didn't have a local rule that said this was enough to file, I spoke with the Court Supervisor and got a name and the date we spoke.

    So now I have a motion I want to file for their failure to prepare the required record but I am not sure if I take it to the 6th district court of appeals or back to San Benito County Superior Court (Hollister). Can anyone help with with where to begin filing now the Appeal is on record?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to File an Appeal of a Misdemeanor Conviction

    As you know, under section 5(b) of form CR-134, you must select 5(b)(1), 5(b)(2)(a) or 5(b)(2)(b). For some reason you chose not to tell us which selection you made. Please belatedly share that information. You appear to be stating that you did not have a court-appointed lawyer for your trial and you do not qualify as indigent, which would suggest that you checked 5(b)(1), "I will pay the trial court clerk's office for this transcript myself. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division."

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