Record contents in criminal and juvenile delinquency appeals: beyond the transcripts the California Rules of Court designate, the record should include the reporter's transcripts of denied defense motions (suppression, in limine, Pitchess, Faretta, Marsden and the others listed), of granted prosecution motions (joinder, impeachment, prior offenses), of the sentencing, plea and revocation proceedings in probation-revocation appeals, and of in camera or sealed hearings transmitted to this court only - sealed Marsden and in camera transcripts as an original and two copies on paper or a separately saved electronic file (adopted eff. August 23, 2019).
California > First Appellate District > Court of Appeal, First Appellate District
Rule 3. Obligation of Court Reporters to Include Transcripts of Specified Proceedings in Criminal and Juvenile Delinquency Appeals In addition to the transcripts designated in the California Rules of Court, transcripts of the following proceedings should be included as part of the record in appeals in criminal and juvenile delinquency cases: (a) [Proceedings on Defense Motions] Reporter’s transcripts of the proceedings held on all defense motions that were denied, in whole or in part, including but not limited to the following: motions to suppress identification of the defendant; motions to suppress evidence; motions to exclude evidence of defendant’s prior offenses or other conduct; motions to suppress defendant’s statements (e.g. Miranda v. Arizona (1966) 384 U.S. 436); motions to permit or preclude impeachment of defendant or witness with prior offenses; motions to determine defendant’s competence; motions for severance or joinder; motions to change venue; motions for the discovery of police officer records (Pitchess v. Superior Court (1974) 11 Cal.3d 531); motions for self-representation (Faretta v. California (1975) 422 U.S. 806); motions in limine; motions to terminate or replace defense counsel under People v. Marsden (1970) 2 Cal.3d 118. When provided in paper format, an original and two copies of the sealed transcript shall accompany the record upon certification and delivery to this court. When provided in electronic format, a separately saved file containing only the confidential Marsden transcript shall be provided. The court will provide appellant’s counsel with a copy of the transcript. If appellant raises a Marsden issue, a copy of the transcript will then be provided to the Attorney General in the manner prescribed in California Rules of Court, rule 8.47(b)(2). (b) [Proceedings on Prosecution Motions] Reporter’s transcripts of the proceedings held on the following prosecution motions should be included as part of the record when the motion was granted in whole or in part: motions for joinder; motions to impeach the defendant with prior offenses; motions for admission of defendant’s prior offenses or conduct. (c) [Revocation of Probation—Plea Proceedings] Transcripts of the hearings held on the following proceedings should be included as part of the record in appeals from decisions to revoke probation: the original sentencing proceeding at which probation was imposed; the proceedings at the time of entry of a guilty plea or nolo contendere plea if the original judgment of conviction is based on such plea; and the proceedings at which probation is revoked and the defendant is sentenced. (d) [In Camera Hearings] Transcripts of hearings held in camera or under seal shall be transmitted to this court only, and no sealed copies shall be provided to counsel for either party except on application to and approval by this court. When provided in paper format, an original and two copies of the sealed transcript shall accompany the record upon certification and delivery to this court. When provided in electronic format, a separately saved file containing only the confidential transcript shall be provided. (Adopted, eff. August 23, 2019.)
Rule 3. Obligation of Court Reporters to Include Transcripts of Specified Proceedings in Criminal and Juvenile Delinquency Appeals In addition to the transcripts designated in the California Rules of Court, transcripts of the following proceedings should be included as part of the record in appeals in criminal and juvenile delinquency cases: (a) [Proceedings on Defense Motions] Reporter’s transcri
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