OCCAOnline Rules of the Court of Criminal Appeals


Rule 4.2 Requirements for Commencement of Certiorari Appeal

A. Application to Withdraw Plea. In all cases, to appeal from any conviction on a plea of guilty or nolo contendere, the defendant must have filed in the trial court clerk's office an application to withdraw the plea within ten (10) days from the date of the pronouncement of the Judgment and Sentence, setting forth in detail the grounds for the withdrawal of the plea and requesting an evidentiary hearing in the trial court. See Sections 1051 and 1054 of Title 22.

B. Evidentiary Hearing. The trial court shall hold an evidentiary hearing and rule on the application within thirty (30) days from the date it was filed. No matter may be raised in the petition for a writ of certiorari unless the same has been raised in the application to withdraw the plea, which must accompany the records filed with this Court. PROVIDED HOWEVER, if the trial court fails to hold the evidentiary hearing within thirty (30) days, petitioner may seek extraordinary relief with this Court.

C. Motion for a New Trial. No motion for a new trial is required.

D. Notice of Intent to Appeal and Designation of Record. A defendant seeking to appeal a denial of the application to withdraw the plea shall file notice of intent to appeal, together with the designation of record, in the trial court within ten (10) days from the date the application to withdraw the plea of guilty or nolo contendere is denied. It shall be the responsibility of trial counsel to file all jurisdictional documents required to seek a petition for certiorari before this Court, including the notice of intent to appeal form required by Rule 1.14(C) and Rule 13.4; however, Form 13.4 can be amended to comply with the requirements for certiorari. The filing of the Notice of Intent to Appeal and Designation of Record in the District Court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. A certified copy of the Notice of Intent to Appeal and Designation of Record shall also be filed by trial counsel with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court. See Section II, Rule 2.5(B), for procedures on counter-designation of record.


<<Prior Section    Index    Next Section>>

Return to OCCA Online

 

'