callmeconfused
Member
California State
I was convicted of a misdemeanor crime and sentenced to 90 days in jail and 2 years of probation. I was totally innocent to the charges, so I timely appealed. My public defender in the Superior Court said I definately have valid grounds to appeal. It has been 1 year and half since I filed the appeal. The appellate court on two occassions said that my appellant's opening brief was not filed properly and each time required that it be redone and refiled in the proper format. This delay in the appellate process has caused the time that I am on probation to be over soon. My question is as follows: I am pretty sure the court is going to take a long time to address the merits of my appeal. By the time the court reaches my case, my court ordered probationary period will probably be over. If my probation period expires during my appeal, can I still appeal the conviction? Or will my constitutional challenges to my conviction be rendered MOOT by the expiration of the sentence that was the probation & jail time? Any suggestion will be appreciated, thank you.
I was convicted of a misdemeanor crime and sentenced to 90 days in jail and 2 years of probation. I was totally innocent to the charges, so I timely appealed. My public defender in the Superior Court said I definately have valid grounds to appeal. It has been 1 year and half since I filed the appeal. The appellate court on two occassions said that my appellant's opening brief was not filed properly and each time required that it be redone and refiled in the proper format. This delay in the appellate process has caused the time that I am on probation to be over soon. My question is as follows: I am pretty sure the court is going to take a long time to address the merits of my appeal. By the time the court reaches my case, my court ordered probationary period will probably be over. If my probation period expires during my appeal, can I still appeal the conviction? Or will my constitutional challenges to my conviction be rendered MOOT by the expiration of the sentence that was the probation & jail time? Any suggestion will be appreciated, thank you.