San Francisco Criminal Appeals Attorney

James Owens, Former Deputy District Attorney

A guilty verdict feels like the end. Legally, it often isn't. Trials are run by people under pressure — judges ruling in seconds, lawyers making judgment calls, juries instructed imperfectly — and when those mistakes are serious enough to have affected the outcome, the law provides a second forum. That forum runs on short deadlines and unforgiving procedure, which is why the first move after a conviction matters as much as anything that happened at trial.

James Owens handled appellate work as a prosecutor — briefing appeals and opposing writs, defending convictions against the very arguments defense appeals are built on. He knows how the Attorney General's office will answer an appeal because he wrote those answers. And he reads trial records the way few appellate specialists can: as a trial lawyer who prepares every case for trial, and who knows what a clean record looks like because he's built them — and what a broken one looks like because he's exploited them. He handles criminal appeals from convictions in San Francisco, Alameda, Contra Costa, Marin, and San Mateo Counties — and federal appeals before the Ninth Circuit.

What an Appeal Is — and Isn't

An appeal is not a retrial. The appellate court hears no new witnesses and considers no new evidence. It reviews the record — transcripts, exhibits, jury instructions, rulings — to determine whether the trial court followed the law, and whether any failure to do so was prejudicial: serious enough to have affected the outcome.

That distinction disappoints some callers and vindicates others, and sorting one from the other is precisely the work. Appellate courts presume the trial court got it right; the appellant carries the burden of proving otherwise from the record alone. It is technical, precedent-driven, deadline-bound work — and it begins with a single unforgiving step: the Notice of Appeal.

The Deadlines

• Felony conviction: Notice of Appeal within 60 days of sentencing, heard by the California Court of Appeal.
• Misdemeanor conviction: Notice of Appeal within 30 days of judgment, heard by the Appellate Division of the Superior Court.
• Federal conviction: Notice of Appeal within 14 days of judgment, heard by the Ninth Circuit Court of Appeals.

These deadlines are jurisdictional — miss them and the appeal is generally gone, regardless of how strong it was. If you are inside one of these windows now, treat this page as something to finish later and the phone call as the thing to do today.

The Kinds of Appeals Available to a Criminal Defendant

Direct appeal from a trial conviction. The classic appeal: full review of the trial record for prejudicial legal error, in the Court of Appeal (felonies) or the Appellate Division (misdemeanors).

Appeal after a guilty plea. Pleading guilty narrows — but does not eliminate — the right to appeal. Challenges to the validity of the plea itself require a certificate of probable cause from the trial court (Penal Code § 1237.5). But two important categories need no certificate at all: the denial of a motion to suppress evidence (Penal Code § 1538.5(m)) — meaning a lost search-and-seizure fight can be appealed even after a plea — and sentencing or other post-plea errors. People are routinely told "you pled, you can't appeal." It is often untrue.

Sentencing appeals. Even a sound conviction can carry an unlawful sentence — miscalculated terms, improperly imposed enhancements, fines and fees without required findings, abuse of sentencing discretion. Sentencing law in California changes constantly, and errors are common.

Writ petitions. Some errors can't wait for a post-judgment appeal — and some challenges live outside the appellate track entirely. Petitions for writs of mandate or prohibition seek immediate review of certain pretrial rulings, and petitions for habeas corpus reach claims that depend on facts outside the trial record, such as ineffective assistance of counsel supported by evidence the record doesn't contain. (Habeas and related remedies are covered in depth on the Post-Conviction Relief page.)

Federal appeals. Convictions in federal court are appealed to the Ninth Circuit under federal rules and federal deadlines — a distinct procedural world with its own briefing standards. The firm handles federal appellate matters alongside its state appellate practice.

Grounds That Win Appeals

The recurring categories of prejudicial error:

• Instructional error — juries misdirected on the elements, defenses, or burden of proof
• Evidentiary error — evidence admitted that should have been excluded, or excluded when the defense was entitled to it
• Prosecutorial misconduct — improper argument, suppressed exculpatory evidence, vouching
• Ineffective assistance of counsel — representation below constitutional standards that changed the result (often pursued via habeas where the proof lies outside the record)
• Insufficient evidence — no rational jury could have found the elements beyond a reasonable doubt
• Sentencing error — unlawful terms, enhancements, or findings

Spotting these in a cold record is a craft — and it favors a reader who knows how trials are actually assembled. James reviews records with a prosecutor's knowledge of where cases get overreached and a trial lawyer's knowledge of where they get mishandled.

What Happens After the Notice of Appeal

The record is prepared and the briefing begins: the opening brief laying out the errors and why they require reversal; the Attorney General's respondent's brief defending the judgment; the appellant's reply. The case is then assigned to a three-justice panel, with the opportunity for oral argument — where, candidly, trial lawyers hold an advantage that appellate specialists rarely admit: arguing on your feet, under questioning, is what motion and trial practice is, and James does it for a living. The court then issues a written opinion, typically within 90 days of argument: affirming, reversing, modifying the sentence, or remanding for the trial court to correct a specific error.

Two practical notes clients ask about. First, release pending appeal: in some cases, bail or release can be sought while the appeal proceeds — a separate motion with its own standards, worth evaluating immediately after conviction. Second, timelines: appeals are measured in months to a year or more. The deadline is urgent; the process is patient. A good appellate lawyer is honest about both.

How an Appeal Engagement Works

The economics of appeals are different from trial defense, and James is direct about them. A brief initial call costs nothing — enough to hear the situation, confirm the deadlines, and tell you whether a review makes sense. The real question — is there a viable appeal in this record? — requires obtaining and reading the record: transcripts, motions, instructions, rulings. That record review is a defined, flat-scope engagement, and it ends in a candid written assessment either way. If the record contains real error, you'll know what it is and what pursuing it involves. If it doesn't, you'll know that too — along with whether other post-conviction remedies fit better.

Frequently Asked Questions

I was just convicted. What do I do first?

Protect the deadline. The Notice of Appeal — 60 days for a felony, 30 for a misdemeanor, 14 in federal court — is jurisdictional, and filing it costs little and preserves everything. Then the record review can proceed on a sane timeline. If trial counsel isn't handling the notice, confirm today who is.

I pled guilty. Can I still appeal?

Possibly — more often than people are told. A denied suppression motion can be appealed after a plea without any special permission, as can sentencing errors. Challenging the plea itself requires a certificate of probable cause from the trial court. Which paths your case supports is a record question — bring your paperwork to the initial call.

Can I get out of custody while my appeal is pending?

Sometimes. Release pending appeal exists in both state and federal systems, with standards that depend on the offense, the sentence, and the issues raised. It's a separate motion, evaluated case by case — and it should be assessed immediately after conviction, not months into the appeal.

What are my chances on appeal?

Honestly: most appeals affirm. Reversals go to appellants whose records contain genuine prejudicial error, identified precisely and argued well — which is why the record review exists as a distinct step. No ethical lawyer predicts an appellate outcome before reading the record, and you should be wary of one who does.

What if my appeal is denied — is that the end?

Not necessarily. Review can be sought in the California Supreme Court (discretionary, and granted rarely), and separate remedies — habeas corpus, resentencing petitions, and the growing body of California post-conviction relief — may remain available depending on your case. (See Post-Conviction Relief.)