How do I challenge (appeal) a parole revocation decision or action made by the county superior court?

If you are challenging a decision made by the county superior court, you should be able to file a direct appeal under the statute that allows an appeal “from any order made after judgment, affecting the substantial rights of the party.”[717] Follow these steps:

To appeal, the parolee must file a Notice of Appeal in the Superior Court within 60 calendar days after the original court’s decision.[718]When a timely Notice of Appeal is filed, the Superior Court will prepare a record of the parole revocation proceedings consisting of all the documents filed in the original court and transcripts of the hearings, and will then provide these documents to the Court of Appeal, the State, and you (the parolee). In a direct appeal, the Court of Appeal must appoint a free attorney to represent you if you do not have enough money to pay for a private attorney.[719]

IMPORTANT: If you do not file a timely Notice of Appeal, or if the issue involves information outside the court record, then you may be able to raise the issues in a state court petition for a writ of habeas corpus.

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  1. 717

    Cal. Penal Code § 1237(b).

  2. 718

    Cal. Rules of Court, rule 8.308.

  3. 719

    Cal. Rules of Court, rule 8.300.