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Notice of Intent to Appeal in Oklahoma Criminal Law
When you hear the term Notice of Intent to Appeal in relation to criminal law in Oklahoma it is most likely a refernce to the requirement that a defendant file a Notice of Intent to Appeal and Designation of Record in the trial court within ten (10) days of the date that the Judgment and Sentence is imposed in open court. This requirement can be found in Rule 2.5 A of the Oklahoma Court of Criminal Appeals Rules. Rule 2.5 A reads as follows:
Rule 2.5. Notice of Intent to Appeal
Designation of Record. A. Ten-Day Requirement. Within ten (10) days from the date the Judgment and Sentence is imposed in open court or an order grants an appeal out of time, the defendant must file with the trial court clerk a notice of intent to appeal and designation of record in the form prescribed in Rule 1.14(C). The filing of the Notice of Intent to Appeal and Designation of Record in the district court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. A certified copy of the Notice of Intent to Appeal and Designation of Record shall also be filed by trial counsel with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court. A copy of the designation of record must be served on the trial judge and the district attorney or, if an appeal from a municipal court of record, the municipal attorney. An additional copy must be served on, and receipt acknowledged by, the court reporter at the time of filing or immediately thereafter. See Rule 2.1(B) and Form 13.4.
The term Notice of Intent to Appeal is also used in situations in which the district attorney wants to appeal an order from a magistrate, but the term comes up less often in this scenerio.