(1)The defendant may appeal a judgment of the county
court in a criminal action under simplified procedure to the district court of the
county. To appeal, the defendant shall, within thirty-five days after the date of entry
of the judgment or the denial of posttrial motions, whichever is later, file notice of
appeal in the county court, post any advance costs that are required for the
preparation of the record, and serve a copy of the notice of appeal upon the
appellee. The defendant shall also, within such thirty-five days, docket the appeal in
the district court and pay the docket fee. No motion for new trial or in arrest of
judgment shall be required as a prerequisite to an appeal, but such motions may be
made pursuant to applicable rule of the Colorado supreme court.
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(1) The defendant may appeal a judgment of the county
court in a criminal action under simplified procedure to the district court of the
county. To appeal, the defendant shall, within thirty-five days after the date of entry
of the judgment or the denial of posttrial motions, whichever is later, file notice of
appeal in the county court, post any advance costs that are required for the
preparation of the record, and serve a copy of the notice of appeal upon the
appellee. The defendant shall also, within such thirty-five days, docket the appeal in
the district court and pay the docket fee. No motion for new trial or in arrest of
judgment shall be required as a prerequisite to an appeal, but such motions may be
made pursuant to applicable rule of the Colorado supreme court.
(2) The notice of appeal shall state with particularity the alleged errors of
the county court or other grounds relied upon for the appeal and shall include a
stipulation or designation of the evidence and other proceedings which the
appellant desires to have included in the record certified to the district court. If the
appellant intends to urge upon appeal that the judgment or a finding or conclusion
is unsupported by the evidence or is contrary to the evidence, the appellant shall
include in the record a transcript of all evidence relevant to that finding or
conclusion. The appellee shall have fourteen days after service upon him or her of
the notice of appeal to file with the clerk of the county court and serve upon the
appellant a designation of any additional parts of the transcript or record which he
or she deems necessary. The advance cost of preparing the additional record shall
be posted by the appellant with the clerk of the county court within seven days
after service upon him or her of the appellee's designation, or the appeal will be
dismissed. If the district court finds that any part of the additional record
designated by the appellee was unessential to a complete understanding of the
questions raised by the appeal, it shall order the appellee to reimburse the
appellant for the cost advanced for the preparation of that part without regard to
the outcome of the appeal.
(3) Upon the filing of a notice of appeal and upon the posting of any advance
costs by the appellant, as are required for the preparation of a record, unless the
appellant is granted leave to proceed as an indigent, the clerk of the county court
shall prepare and issue as soon as possible a record of the proceedings in the
county court, including the summons and complaint or warrant, the separate
complaint if any has been issued, and the judgment. The record shall also include a
transcription or a joint stipulation of such part of the actual evidence and other
proceedings as the parties designate. If the proceedings have been recorded
electronically, the transcription of designated evidence and proceedings shall be
prepared in the office of the clerk of the court, either by him or her or under his or
her supervision, within forty-two days after the filing of the notice of appeal or
within such additional time as may be granted by the county court. The clerk shall
notify in writing the opposing parties of the completion of the record, and such
parties shall have fourteen days within which to file objections. If none are received,
the record shall be certified forthwith by the clerk. If objections are made, the
parties shall be called for hearing and the objections settled by the county judge
and the record then certified.
(4) When the record has been duly certified and any additional fees therefor
paid, it shall be filed with the clerk of the district court by the clerk of the county
court, and the opposing parties shall be notified by the clerk of the county court of
the filing.
(5) A written brief setting out matters relied upon as constituting error and
outlining any arguments to be made shall be filed in the district court by the
appellant within twenty-one days after certification of the record. A copy of the
appellant's brief shall be served upon the appellee. The appellee may file an
answering brief within twenty-one days after such service. A reply brief may be
filed within fourteen days after service of the answering brief. In the discretion of
the district court, the time for filing briefs and answers may be extended.
(6) Pending the docketing of the appeal, a stay of execution shall be granted
by the county court upon request. If a sentence of imprisonment has been imposed,
the defendant may be required to post bail, and if a fine and costs have been
imposed, a deposit of the amount thereof or the posting of a bond for the payment
thereof may be required by the county court. Upon a request for stay of execution
made anytime after the docketing of the appeal, this action may be taken by the
district court. Stays of execution granted by the county court or district court and,
with the written consent of the sureties if any, bonds posted with such courts shall
remain in effect until after final disposition of the appeal, unless modified by the
district court.
(7) If for any reason an adequate record cannot be certified to the district
court, the case shall be tried de novo in that court. No action on appeal shall result
in an increase in penalty.
(8) Unless there is further review by the supreme court upon writ of certiorari
pursuant to the rules of that court, after final disposition of the appeal the
judgment on appeal entered by the district court shall be certified to the county
court for action as directed by the district court, except in cases tried de novo by
the district court or in cases in which the district court modifies the county court
judgment, and, in such cases, the judgment on appeal shall be that of the district
court and so enforceable.
(9) Repealed.