California Penal Code

§ 190.8

PEN § 190.8 Effective Jan 1, 1997Title 8 · Part 1 · Ch. 1

Statute text

(a)In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified in two stages, the first for completeness and the second for accuracy, as provided by this section. The trial court may use all reasonable means to ensure compliance with all applicable statutes and rules of court pertaining to record certification in capital appeals, including, but not limited to, the imposition of sanctions.

(b)Within 30 days of the imposition of the death sentence, the clerk of the superior court shall provide to trial counsel copies of the clerk’s transcript and shall deliver the transcript as provided by the court reporter. Trial counsel shall promptly notify the court if he or she has not received the transcript within 30 days.

(c)During the course of a trial in which the death penalty is being sought, trial counsel shall alert the court’s attention to any errors in the transcripts incidentally discovered by counsel while reviewing them in the ordinary course of trial preparation. The court shall periodically request that trial counsel provide a list of errors in the trial transcript during the course of trial and may hold hearings in connection therewith. Corrections to the record shall not be required to include immaterial typographical errors that cannot conceivably cause confusion.

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Legislative history

Amended by Stats. 1996, Ch. 1086, Sec. 3. Effective January 1, 1997.