Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 9. APPEALS IN FELONY CASES / CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof
California Codes

Cal. Penal Code § 1237 (2026)

Appeals, When Allowed and How Taken, and the Effect Thereof

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An appeal may be taken by the defendant from both of the following:

(a)Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction. A sentence, an order granting probation, or the commitment of a defendant for insanity, the indeterminate commitment of a defendant as a mentally disordered sex offender, or the commitment of a defendant for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment the court may review any order denying a motion for a new trial.

(b)From any order made after judgment, affecting the substantial rights of the party.

Notes of Decisions
Cited in 618 cases (66 in the last 5 years), 1945–2026 · leading case: People v. Kelly, 146 P.3d 547 (Cal. 2006).
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People v. Kelly, 146 P.3d 547 (Cal. 2006). · cites it 4× “2d 716 ; Pen.Code, § 1237. [2] ) Having provided *107 criminal defendants with an appeal as a matter of right, the states must provide indigent defendants with the assistance of counsel on appeal, "[f]or there can be no equal justice where the kind of an appeal a man enjoys…”
People v. McKenzie, 459 P.3d 25 (Cal. 2020). · cites it 2× “) Penal Code section 1237, subdivision (a), provides in relevant part that a defendant may 5 PEOPLE v.”
People v. Stamps, 467 P.3d 168 (Cal. 2020). “” (Pen. Code, § 1237, subd. (a).) However, if the judgment resulted from a guilty or no contest plea, Penal Code4 section 1237.”
People v. Superior Court of Yolo Cnty., 10 Cal. App. 5th 1316 (Cal. Ct. App. 2017). · cites it 3× “) Penal Code section 1237 delineates when a defendant may appeal from a final judgment of conviction.”
People v. Panizzon, 913 P.2d 1061 (Cal. 1996). · cites it 2× “(Pen. Code, § 1237.) If they can waive this right at all, they must do so "knowing[ly], intelligent[ly] and voluntar[il]y.”
People v. Serrano, 211 Cal. App. 4th 496 (Cal. Ct. App. 2012). “2d 716 ]; Pen. Code, §1237.) “Having provided criminal defendants with an appeal as a matter of right, [California] must provide indigent defendants with the assistance of counsel on appeal .”
People v. Disbrow, 545 P.2d 272 (Cal. 1976). · cites it 2× “(1a) He appeals from the judgment (Pen. Code, § 1237), predicating error on the use of certain evidence to impeach his testimony at trial.”
People v. Ramirez, 599 P.2d 622 (Cal. 1979). · cites it 2× “(Pen. Code, § 1237, subd. 1; People v. Flores (1974) 12 Cal.”
People v. Collins, 722 P.2d 173 (Cal. 1986). · cites it 2× “If the court finds no prejudice it should reinstate the judgment; from this judgment the defendant can appeal (Pen. Code, § 1237, subd. (a)). If the court finds prejudice, it should order a new trial; from this order the People can appeal.”
People v. Cook, 583 P.2d 130 (Cal. 1978). · cites it 2× “He appeals from the *78 judgment (Pen. Code, § 1237, subd. 1), attacking only the legality of the search (Pen.”
Curtis Clayton v. Martin Biter, 868 F.3d 840 (9th Cir. 2017). “” Cal. Penal Code § 1237 . The California Supreme Court has concluded that a denial of a resentencing petition under section 1170.”
People v. Thomas, 573 P.2d 433 (Cal. 1978). · cites it 2× “Defendant Charlie Thomas appeals from an order granting probation (Pen. Code, § 1237, subd. 1) following convictions of three counts of committing lewd and lascivious acts on the body of a child under the age of 14 years ( id.”
Show all 618 citing cases →
Cal. Penal Code § 1237(1): 1 case
People v. Bittick, 177 Cal. App. 2d 479 (Cal. Ct. App. 1960).
Cal. Penal Code § 1237(a): 2 cases
United States v. Vicente Corona, 493 F. App'x 645 (6th Cir. 2012).
Alfred Villaneda v. James Tilton, 432 F. App'x 695 (9th Cir. 2011).
Cal. Penal Code § 1237(b): 2 cases
In re Det. of Petersen, 980 P.2d 1204 (Wash. 1999).
People v. Roberts, No. A168954 (Cal. Ct. App. Aug. 20, 2024).
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