CR-135 - Proposed Statement on Appeal (Misdemeanor)

Summary

Proposed Statement on Appeal (Misdemeanor)

Text

Form ID: CR-135
Title: Proposed Statement on Appeal (Misdemeanor)
Effective Date: 2021-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-135
Primary Download URL: https://www.courts.ca.gov/documents/cr135.pdf
Form Detail Page:
Proposed Statement on Appeal (Misdemeanor)
(CR-135)
Allows a defendant to tell the court of appeal why the defendant thinks the trial court's decision in a misdemeanor case was wrong. This can be filed with the Notice of Appeal (form CR-132).
Get form CR-135
Effective: January 1, 2021
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PDF Text:
CR-135  Page 1 of 7Judicial Council of California,  
Rev. January 1, 2021, Optional Form 
Cal. Rules of Court, rule 8.837
Proposed Statement on Appeal 
(Misdemeanor)
www.courts.ca.gov
CR-135 Proposed Statement on Appeal  
(Misdemeanor)
Clerk stamps date here when form is filed.
You fill in the name and street address of the court 
that issued the judgment or order you are  
appealing:
Superior Court of California, County of
You fill in the number and name of the trial court  
case in which you are appealing the judgment or  
order:
Trial Court Case Number:
Trial Court Case Name: 
The People of the State of California
v.
You fill in the appellate division case number (if  
you know it):
Appellate Division Case Number:
Instructions
• This form is only for preparing a proposed statement on appeal in an 
Misdemeanor case.
• Before you fill out this form, read Information on Appeal Procedures for 
Misdemeanors (form CR-131-INFO) to know your rights and 
responsibilities. You can get form CR-131-INFO at any courthouse or 
county law library or online             .www.courts.ca.gov/forms
• This form can be attached to your Notice Regarding Record on Appeal 
(Misdemeanor) (form CR-134). If it is not attached to that notice, this form 
must be filed no later than 20 days after you file that notice. If you have 
chosen to prepare a statement on appeal and do not file this form on 
time, the court may dismiss your appeal.
• Fill out this form and make a copy of the completed form for your records 
and for each of the other parties.
• Serve a copy of the completed form on each of the other parties and keep  
proof of this service. You can get information about how to serve court  
papers and proof of service from What Is Proof of Service? (form  
APP-109-INFO) and on the California Courts Online Self-Help Center 
at                                                                 .www.courts.ca.gov/selfhelp-serving.htm
• Take or mail the original completed form and proof of service on the other  
parties to the clerk’s office for the same court that issued the judgment or  
order you are appealing. It is a good idea to take or mail an extra copy to the 
clerk and ask the clerk to stamp it to show that the original has been filed.
1 Your Information
a. Appellant (the party who is filing this appeal):
Street address: 
Street City State Zip
Mailing address (if different): 
Street City State Zip
Phone: Email:
Name:
b. Appellant’s lawyer (skip this if the appellant is filling out this form):
The lawyer filling out this form (check (1) or (2)):
(1) was the appellant’s lawyer in the trial  court. is the appellant’s lawyer for this appeal.
Name: State Bar number:
Street address: 
Street City State Zip
Mailing address (if different): 
Street City State Zip
Phone: Email:
Fax:

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
 Information About Your Appeal
2 On (fill in the date):  , I/my client filed a notice of appeal in the trial court case identified 
in the box on page 1 of this form.
3 On (fill in the date):  , I/my client filed a Notice Regarding Record on Appeal, choosing 
to use a statement on appeal as the record of what was said in this case.
Proposed Statement
4 Reasons for Your Appeal
Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors 
were made in the trial court proceedings (read form CR-131-INFO to learn about these legal errors):
• There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing.
• A “prejudicial error” was made during the trial court proceedings.
The appellate division:
• Cannot retry your case or take new evidence.
• Cannot consider whether witnesses were telling the truth or lying.
• Cannot consider whether there was more or stronger evidence supporting your position than there was 
supporting the trial court’s decision.
(Check all that apply and describe the legal error or errors you believe were made that are the reason for this 
appeal.)
a.
There was not substantial evidence that supported the judgment, order, or other decision that I/my client 
indicated in the notice of appeal is being appealed in this case. (Explain why you think the judgment, order, 
or other decision was not supported by substantial evidence):
b. The following error or errors about either the law or court procedure was/were made that caused substantial 
harm to me/my client. (Describe each error and how you were/your client was harmed by that error.)
(1)
Describe the error: 
Describe how this error harmed you/your client:
CR-135  Page 2 of 7

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
4 b. (2) Describe the error: 
Describe how this error harmed you/your client:
(3) Describe the error: 
Describe how this error harmed you/your client:
Check here if you need more space to describe these or other errors and attach a separate page or pages 
describing the errors. At the top of each page, write “CR-135, item 4.”
5 The Charges Against Me/My Client
a. The charges against me/my client were (list all of the charges indicated on the citation or complaint filed with 
the court by the prosecutor):
b. I/My client (check (1), (2), or (3))
(1) pleaded not guilty to all of the charges.
(2) pleaded guilty to only the following charges:
(3) pleaded guilty to all of these charges.
CR-135  Page 3 of 7

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
6 Summary of Any Motions and the Court's Order on the Motion 
a. Were any motions (requests for the trial court to issue an order) made in this case that are relevant to the reasons 
you gave in       for this appeal?4
Yes (fill out b) No (skip to       )7
b. In the spaces below, describe any motions (requests for orders) that were made in the trial court that are 
relevant to the reasons you gave in       for this appeal. Write a complete and accurate summary of what was 
said at any hearings on these motions and indicate how the trial court ruled on these motions:
4
(1) Describe the first motion:
The motion was filed by the plaintiff defendant.
There     was was not a hearing on this motion.
If there was a hearing on this motion, write a complete and accurate summary of what was said at this 
hearing:
The trial court  granted this motion did not grant this motion.
Other (describe any other action the trial court took concerning this motion):
Check here if you need more space to describe this motion and attach a separate page or pages  
describing this motion. At the top of each page, write “CR-135, Item 6b(1).”
(2) Describe the second motion:
The motion was filed by the plaintiff defendant.
There     was was not a hearing on this motion.
If there was a hearing on this motion, write a complete and accurate summary of what was said at this 
hearing:
The trial court  granted this motion. did not grant this motion.
Other (describe any other action the trial court took concerning this motion):
Check here if you need more space to describe this motion and attach a separate page or pages  
describing this motion. At the top of each page, write “CR-135, item 6b(2).”
CR-135  Page 4 of 7

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
6 (3) Check here if any other motions were filed that are relevant to the reasons you gave in    for this 
appeal, and attach a separate page or pages describing each motion, identifying who made the motion 
and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, 
and indicating whether the trial court granted or denied the motion. At the top of each page, write 
CR-135, item 6b(3).”
4
7 Summary of Testimony and Other Evidence
a. Was there a trial in your case?
No (skip items b, c, d, and e and go to item       )
Yes (complete items b, c, d, and e)
8
(1) Jury trial
(2) Trial by judge only
b. Did you/your client testify at the trial?
No
Yes (Write a complete and accurate summary of the testimony you/your client gave that is relevant to the  
reasons you gave in        for this appeal. Include only what you actually said; do not comment or give your 
opinion about what was said. Please indicate whether any objections were made concerning your/your 
client’s testimony or any exhibits you/your client asked to present and whether these objections were 
sustained.):
4
Check here if you need more space to summarize your/your client’s testimony and attach a separate 
page  or pages summarizing this testimony. At the top of each page, write “CR-135, Item 7b.”
c. Did an officer from the police department, sheriff’s office, or other government agency that charged you/your 
client testify at the trial? (Check one):
No
Yes (complete items (1), and (2)):
(1) The name of the officer who testified is (fill in the officer’s name):
(2)
4
This officer testified that (Write a complete and accurate summary of the officer’s testimony that is 
relevant to the reasons you gave in     for this appeal. Include only what the officer actually said; do not 
comment on or give your opinion about what the officer said. Please indicate whether any objections 
were made concerning the officer’s testimony or any exhibits the officer asked to present and whether 
these objections were sustained.):
Check here if you need more space to summarize this witness’s testimony and attach a separate page 
or pages summarizing this testimony. At the top of each page, write “CR-135, Item 7c.”
CR-135  Page 5 of 7

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
7 d.     Were there any other witnesses at the trial whose testimony is relevant to the reasons you gave in       for this 
appeal?
4
No
Yes (fill out (1)–(4)):
(1) The witness’s name is (fill in the witness’s name):
(2) The witness     an officer from the police department, sheriff's office, or other 
government agency that charged me/my client.
was was not
(3) The witness testified on behalf of me/my client the prosecution.
(4)
4
This witness testified that  (Write a complete and accurate summary of the witness’s testimony that is  
relevant to the reasons you gave in        for this appeal. Include only what the witness actually said; do not 
comment on or give your opinion about what the witness said. Please indicate whether any objections were 
made concerning this witness’s testimony or any exhibits this witness asked to present and whether these 
objections were sustained.):
Check here if you need more space to summarize this witness’s testimony and attach a separate page or 
pages summarizing this testimony. At the top of each page, write “CR-135, Item 7d.”
e.
Check here if any other witnesses gave testimony at the trial that is relevant to the reasons you gave in       
for this appeal. Attach a separate page or pages identifying each witness, whether the witness testified on 
your/your client’s behalf or the prosecution’s behalf, summarizing the witness’s testimony that is relevant to 
the reasons you gave in       for this appeal, and indicating whether any objections were made concerning the 
witness’s testimony or any exhibits the witness asked to present and whether these objections were sustained. 
At the top of each page, write “CR-135, item 7e.”
4
4
f. Summarize the evidence, other than testimony, that was given during the trial that is relevant to the reasons you  
gave in        for this appeal. (Write a complete and accurate summary of the evidence given by both you and the  
respondent. Include only the evidence given; do not comment on or give your opinion about this evidence.):
3
Check here if you need more space to summarize the evidence and attach a separate page or pages 
summarizing the evidence. At the top of each page, write “CR-135, Item 7f.”
CR-135  Page 6 of 7

Rev. January 1, 2021 Proposed Statement on Appeal 
(Misdemeanor)
Trial Court Case Name: 
Trial Court Case Number:
8 The Trial Court's Findings
a. I/My client was found guilty of the following offenses (list all of the offenses for which you were/your client 
was found guilty):
b. I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your 
client was found not guilty):
9 The Sentence
The trial court issued the following final judgment in this case (check all that apply and fill in any required 
information):
a. Jail time               (fill in the amount of time you are/your client is required to spend in jail):
b. A fine (including penalty and other assessments) (fill in the amount of the fine): $
c. Restitution (fill in the amount of the restitution): $
d. Probation                 (fill in the amount of time you are/your client is required to be on probation):
e. Other punishment                              (describe any other punishment that the trial court imposed in this case):
REMINDER: You must serve and file this form no later than 20 days after you file your notice  
regarding the oral proceedings. If you do not file this form on time, the court may dismiss your 
appeal.
Date:
Type or print your name
 Signature of appellant or attorney
CR-135  Page 7 of 7

Retrieval chunks

• #1

  Form ID: CR-135 Title: Proposed Statement on Appeal (Misdemeanor) Effective Date: 2021-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-135 Primary Download URL: https://www.courts.ca.gov/documents/cr135.pdf Form Detail Page: Proposed Statement on Appeal (Misdemeanor) (CR-135) Al…

• #2

  APP-109-INFO) and on the California Courts Online Self-Help Center at .www.courts.ca.gov/selfhelp-serving.htm • Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the …

• #3

  indicated in the notice of appeal is being appealed in this case. (Explain why you think the judgment, order, or other decision was not supported by substantial evidence): b. The following error or errors about either the law or court procedure was/were made that caused substantial harm to me/my client. (Describe e…

• #4

  describing this motion. At the top of each page, write “CR-135, Item 6b(1).” (2) Describe the second motion: The motion was filed by the plaintiff defendant. There was was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearin…

• #5

  relevant to the reasons you gave in for this appeal. Include only what the officer actually said; do not comment on or give your opinion about what the officer said. Please indicate whether any objections were made concerning the officer’s testimony or any exhibits the officer asked to present and whether these…

• #6

  gave in for this appeal. (Write a complete and accurate summary of the evidence given by both you and the respondent. Include only the evidence given; do not comment on or give your opinion about this evidence.): 3 Check here if you need more space to summarize the evidence and attach a separate page or page…