Legal Question in Appeals and Writs in California
If you file an appeal in superior court, felony case, dose the sitting judge step down, and have a different judge hear the appeal. The appeal, with cases to prove against the sitting in this case, of course denied said appeal. He stated, right before sentencing, "if I agreed with the appeal, that would mean that I would have to reverse all the motions throghout this case, from the D.A. and I am not about to look incompetent or second guess my decisions". Is this real justice?
1 Answer from Attorneys
Appeals are heard by a different court, where they are decided by three justices. The trial judge is not involved in any way.
Feel free to contact me directly if you'd like to discuss your case. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.
Good luck.
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