Can a judgment of conviction be appealed against?

California, United States of America


The following excerpt is from People v. Wilcox, A148717 (Cal. App. 2017):

judgment of conviction. [Citation.] . . . [] The proper avenue of redress is through a petition for writ of mandate, not an appeal. [Citation.]" (People v. Hopkins (2009) 171 Cal.App.4th 305, 308.) Similarly, the court in People v. Tuttle (1966) 242 Cal.App.2d 883, 885, explained that a motion for return of property that had been used as an exhibit in a trial was not appealable because "[t]he proceeding resulting in such an order is entirely separate from the criminal proceeding as such because it does not involve in any manner the charge against defendant or his rights as affected by that charge."

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