Okla. Stat. tit. 22, ch. 18, RULES OF THE COURT OF CRIMINAL APPEALS, XIII, form 13.4
IN THE DISTRICT COURT OF _________ COUNTY
STATE OF OKLAHOMA
THE STATE OF OKLAHOMA, Plaintiff, v. ___________________________________, Defendant. | ) ) ) ) ) ) ) ) ) ) ) ) | APPEAL CASE NO. __________ DISTRICT COURT CASE NO. ______ TYPE OF APPEAL () Direct Felony Appeal () Direct Misdemeanor Appeal () Certiorari () Revocation/Acceleration () Termination From Drug Court () State Appeal - 1089.1 - 1089.7 () State Appeal - 1053/1053.1 () Juvenile - Adjudication () Juvenile - (Certification) () Juvenile - (Reverse Certification) () Youthful Offender - (Sentencing as Adult) () Youthful Offender - Bridge to DOC () Other (specify) __________________ () CAPITAL () NON-CAPITAL |
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
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
______________________________________________________________________________
______________________________________________________________________________
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".
________________________________________ Trial Counsel () Retained () Appointed () Individual () Oklahoma Indigent Defense System () Oklahoma County Public Defender () Tulsa County Public Defender |
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.
________________________________________ Trial Counsel (Signature plus typed name) ________________________________________ OBA No.________________________________ Address ________________________________ ________________________________________ Telephone No.__________________________ |
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:
() | 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. |
() | 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.
_________________________________________ Trial Counsel |
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:
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).
IT IS SO ORDERED.
This order signed this __________ day of __________, 20__________.
__________________________________ Judge of the District Court __________________________________ (Signature plus typed name and title) |
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).
________________________________________________________________________
________________________________________________________________________
DATE:
________
______________________________________________________
Signature - Official Court Reporter
______________________________________________________
Printed Signature
NOTE: No Designation of Record shall be accepted for filing by the trial court clerk unless it contains one of the following:
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.
_______________________________________
Deputy Court Clerk, __________County
Okla. Stat. tit. 22, ch. 18, RULES OF THE COURT OF CRIMINAL APPEALS, XIII, form 13.4