Pen. Code, § 1238.5 · Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof
Pen. Code, § 1238.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Upon appeal by the prosecution pursuant to Section 1238, where the notice of appeal is filed after the expiration of the time available to defendant to seek review of an otherwise reviewable order or ruling and the appeal by the prosecution relates to a matter decided during the time available to the defendant to seek review of the otherwise reviewable order or ruling, the time for defendant to seek such review is reinstated to run from the date the notice of appeal was filed with proof of service upon defendant or his counsel.
The Judicial Council shall provide by rule for the consolidation of such petition for review with the prosecution appeal.
Notes and commentary — not statutory text
History
Added by Stats. 1975, Ch. 1195.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1238.5.
- Text hash
- sha256 4eb9f702c8f7089571d7d4a4c6415e5a5ce6a5ea3ac6d5f1f9bd6e557c75177d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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