OCCAOnline Rules of the Court of Criminal Appeals

(Updated 5/21/2003 in accordance with 2003 OK CR 9)


SECTION VI. APPEAL BY STATE FROM ADVERSE RULING OF MAGISTRATE

Rule 6.1 Commencement of Appeal

A. An appeal may be taken from a magistrate's adverse ruling to the State in accordance with the provisions of Sections 1089.1 through 1089.7 of Title 22. At the conclusion of the appeal, the reviewing judge shall enter an order containing findings of fact and conclusions of law supporting the ruling. See Sections 1089.5 and 1089.6 of Title 22.

B. In the event the reviewing judge reverses the magistrate's order of dismissal, that order constitutes an interlocutory order which may only be raised in a regular appeal, in the event of a conviction. In the event the reviewing judge affirms the magistrate's order dismissing the charges, that order constitutes a final appealable order by the State.

C. The reviewing judge shall execute a written order containing findings of fact and conclusions of law along with directions as to the proper order to be issued by the Magistrate.

D. Time for Lodging State Appeal

(1) The State must file notice of intent to appeal and designation of record with the trial court clerk within five (5) days from date the reviewing judge's ruling is pronounced in open court or filed in the office of the court clerk, whichever date is earlier. The filing of the Notice of Intent to Appeal in the District Court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. The Notice of Intent to Appeal, together with a certified copy of the reviewing judge's order, shall also be filed by the trial counsel seeking the appeal with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court. See 22 O.S.2001 § 1089.2 Rule 2.5 and Form 13.4.

(2) See Rule 1.4 for time requirements and Section XI for procedure.


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