OCCAOnline Rules of the Court of Criminal Appeals

(Updated 1/31/2008 in accordance with 2008 OK CR 5)


Rule 1.4 Computation of Time for Appeal

The computation of the time period for perfecting an appeal commences to run on the date the Judgment and Sentence is pronounced or, in the case of a resentencing appeal, when the new sentence is pronounced in open court. In computing a time limit prescribed in these Rules, the first day shall be excluded and the last included to complete the time period, as follows:

A. Misdemeanor and Felony Appeals. An appeal from any misdemeanor or felony conviction, except capital cases, must be perfected by the filing of the petition in error, original record, transcripts and evidence within ninety (90) days from the date the Judgment and Sentence is pronounced. See Section 1054 of Title 22.

B. Capital Appeals. An appeal from a conviction for Murder, First Degree, where the death penalty is imposed must be perfected by the filing of the petition in error, original record, transcripts and evidence, and trial judge's report within six (6) months from the date the Judgment and Sentence is pronounced. See Section 701.13 of Title 21.

C. Other Regular Appeals.

(1) State appeals, except for juvenile cases, must be perfected within the time limits as set out in Subdivision A, commencing from the date of the order entered by the trial court.

(2) Resentencing appeals must be perfected as set out in Subdivision A for misdemeanor and felony appeals, and Subdivision B for capital appeals.

(3) Certiorari appeals must be perfected as set out in Section IV.

(4) Juvenile appeals must be perfected as set out in Sections VII and XI.


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