Form 13.4 Notice of Intent to Appeal
IN THE DISTRICT COURT OF _________ COUNTY
STATE OF OKLAHOMA
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THE STATE OF OKLAHOMA, |
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APPEAL CASE NO. __________ |
NOTICE OF INTENT TO APPEAL;
ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL,
PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S
MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGEMENT; AND
NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED
I. NOTICE OF INTENT TO APPEAL
The Defendant was sentenced on the __________ day of , 20__________, for:
If certiorari appeal, date of trial court's denial to withdraw plea ____________.
Crime(s) Statute(s) Sentence
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The sentence(s) was/were ordered to run ( ) concurrently ( ) consecutively as follows: ______________________________________________________________________ The Defendant intends to appeal ( ) all convictions arising from the trial had in the above captioned case, whether hereinabove specifically listed or not; or ( ) only the following Counts: ___________________ to the Oklahoma Court of Criminal Appeals pursuant to __________ (cite specific statute). This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit "A", pursuant to Rule 2.5(B) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial court within ten (10) days of the date of the pronouncement of the Judgment and Sentence in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B). The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A. To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit "B".
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A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were mailed this __________ day of __________, 20__________, to the Clerk of the Oklahoma Court of Criminal Appeals.
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II. APPLICATION FOR DETERMINATION OF INDIGENCE
In accordance with Rule 1.14 of the Rules of the Court of Criminal Appeals, 22 O.S., Ch.18, App., the Defendant submits that he/she is indigent and cannot pay the costs of an appeal. Counsel states:
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Indigency has been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) will be provided if this Court elects to review the Defendant's status. |
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Indigency has not been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) is attached as Exhibit "C". |
It is requested that appropriate counsel be appointed and transcripts be prepared at the expense of the State.
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III. DETERMINATION OF INDIGENCE
Pursuant to Rule 1.14 of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, this Court finds the Defendant ( )IS ( )IS NOT currently indigent.
THE COURT ORDERS:
A. Preparation of the Appeal Record:
1. A record of this case ( )IS ( )IS NOT to be prepared at public expense.
2. The court reporter(s) listed below ( )SHALL ( ) SHALL NOT be reimbursed at public expense out of the Court Fund of __________ County for preparation of this record
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Name:
Mailing Address:
Transcript Type:
Transcript Date:3. The return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E).
B. IF INDIGENT:
1. __________, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record.
2. The court reporter(s) has been served with a copy of the Designation of Record.
3. Appropriate transcripts are ordered at public expense.
4. _____________________, ( )CHIEF, CAPITAL DIRECT APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was imposed) ( )CHIEF OF THE GENERAL APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was not imposed) ( )PUBLIC DEFENDER OF TULSA COUNTY ( )PUBLIC DEFENDER OF OKLAHOMA COUNTY ( )A PRIVATE ATTORNEY, ADDRESS ________________________, TELEPHONE _________________, is appointed to represent the Defendant on appeal. (The public defender of Tulsa County and Oklahoma County may only be appointed if that office represented the defendant at trial unless a conflict of interest exists as determined.)
5. Any Supplemental Designation of Record by the Oklahoma Indigent Defense System pursuant to Section 1362 of Title 22 must be filed and served upon the appropriate court reporter(s) within thirty (30) days from the date of appointment, and the reporter's acknowledgement of service shall be filed in accordance with Rule 1.15(B); 2.1(B)(2).
6. __________, trial counsel for the Defendant, is permitted to withdraw as counsel of record.
7. Cases in which death penalty imposed: ___________(name)______, Chief of the Capital Post-Conviction Division of the Oklahoma Indigent Defense System, is appointed to represent the defendant on the filing of an application for post-conviction relief in accordance with the provisions of §§ 1089 and 1356 of Title 22.
C. IF NOT INDIGENT:
1. __________, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record.
2. The court reporter(s) has been served with a copy of the Designation of Record.
3. __________ has entered his/her appearance and will represent the Defendant on appeal as retained counsel.
4. __________, trial counsel for the Defendant, has filed a Motion to Withdraw as Counsel. The Motion is granted and trial counsel is permitted to withdraw as counsel of record.
IT IS SO ORDERED.
This order signed this __________ day of __________, 20__________.
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NOTE: A NOTICE OF INTENT TO APPEAL AND DESIGNATION OF RECORD MUST BE FILED WITHIN TEN (10) DAYS FROM THE DATE THE SENTENCE IS PRONOUNCED IN OPEN COURT WITH THE CLERK OF THE TRIAL COURT. THIS NOTICE AND DESIGNATION IS JURISDICTIONAL AND FAILURE TO TIMELY FILE CONSTITUTES WAIVER OF THE RIGHT TO APPEAL. A CERTIFIED COPY OF THIS NOTICE AND DESIGNATION SHALL ALSO BE FILED BY TRIAL COUNSEL WITH THE CLERK OF THE COURT OF CRIMINAL APPEALS WITHIN TEN (10) DAYS FROM THE DATE THE NOTICE IS FILED IN THE TRIAL COURT. NO TRIAL ATTORNEY MAY BE GRANTED PERMISSION TO WITHDRAW, IF THE DEFENDANT DESIRES TO APPEAL, UNLESS THESE DOCUMENTS ARE FILED. IF THE DEFENDANT DOES NOT WISH TO APPEAL THIS CONVICTION, TRIAL COUNSEL MUST FILE AN AFFIDAVIT SIGNED BY TRIAL COUNSEL AND ACKNOWLEDGED BY THE TRIAL JUDGE WITH THE CLERK OF THE DISTRICT COURT, BEFORE TRIAL COUNSEL IS ALLOWED TO WITHDRAW, ASSERTING THAT THE DEFENDANT HAS BEEN FULLY ADVISED OF HIS/HER APPEAL RIGHTS AND DOES NOT WISH TO PURSUE AN APPEAL OF THE CONVICTION. See Rule 1.14(D).
IV. COURT REPORTER'S ACKNOWLEDGEMENT
A. The Designation of Record, attached as "Exhibit A", was received on __________, 20__________.
B. IF NOT INDIGENT, satisfactory arrangements ( )have ( )have not been made for payment of the transcript cost. These financial arrangements were completed on , __________ 20__________ . If payment has not been made/arranged, explain why: __________________________________________
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C. Number of trial and/or hearing days: ________________________________
D. Estimated number of transcript pages: ______________________________
E. Estimated completion date: _________________________________________
F. I acknowledge receipt of this document and understand I must prepare the record within the time limits prescribed by the Oklahoma Court of Criminal Appeals.
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V. NOTIFICATION OF COUNSEL, IF APPOINTED
NOTE: No Designation of Record shall be accepted for filing by the trial court clerk unless it contains one of the following:
A. A signed acknowledgement from the court reporter(s) who reported proceedings in a case indicating receipt of the request for transcript(s), the date received, and completed financial arrangements, or an order of the trial court directing the case be prepared at public expense; or, [For Supplemental Designation of Record, a signed certified mail return receipt card acknowledged by the court reporter(s), together with the attorney's certificate of mailing attached is sufficient for compliance.] or,
B. A signed statement by the attorney preparing the designation of record stating that transcripts have not been ordered and a brief explanation why. (Example, I, __________, attorney for the Appellant, hereby state that I have not ordered a transcript because: (1.) A transcript is not necessary for this appeal; (2.) No stenographic reporting was made.)
A true and correct certified copy of this Notice and Order and the Designation of Record were mailed this __________day of __________, 20__________, to ( )the Capital Direct Appeals Division, Oklahoma Indigent Defense System, 1660 Cross Center Drive, Norman, Oklahoma 73019; ( )the General Appeals Division, Oklahoma Indigent Defense System, P.O. Box 926, Norman, Oklahoma 73070-0926; ( ) Public Defender of Oklahoma County, 611 County Office Building, 320 Robert S. Kerr Avenue, Oklahoma City, Oklahoma 73102; ( )Public Defender of Tulsa County, 189 Courthouse, 500 South Denver Avenue, Tulsa, Oklahoma 74103; ( ) __________, privately retained counsel.
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