Does a self-represented prisoner's notice of appeal in a criminal case need to be delivered to prison authorities by mail?

California, United States of America


The following excerpt is from People v. Bishop, F081296 (Cal. App. 2021):

[2] The prison-delivery rule provides that a self-represented prisoner's notice of appeal in a criminal case is deemed timely filed if, within the relevant period set forth in the California Rules of Court, the notice is delivered to prison authorities pursuant to the procedures established for prisoner mail. [Citation.] (Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106, 110, fn. omitted; Cal. Rules of Court, rule 8.25(b)(5) [If the clerk receives a document by mail from an inmate or a patient in a custodial institution after the period for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing within the period for filing the document, the document is deemed timely. The clerk must retain in the case file the envelope in which the document was received.].)

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