§ 22-1051 — Right of appeal - Review - Corrective jurisdiction -

Procedure - Scope of review on certiorari. A. An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against the defendant, which shall be taken as herein provided; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed; provided further, all appeals taken from any conviction on a plea of guilty shall be taken by petition for writ of certiorari to the Court of Criminal Appeals, as provided in subsection B of this section; provided, the petition must be filed within ninety (90) days from the date of the conviction. The Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting the defect or defects. B. The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals; and the Court of Criminal Appeals shall provide by court rules, which will have the force of statute, and be in furtherance of this method of appeal: 1. The procedure to be followed by the trial courts in the preparation and authentication of transcripts and records in cases appealed under this act; 2. The procedure to be followed for the completion and submission of the appeal taken hereunder; and 3. The procedure to be followed for filing a petition for and the issuance of a writ of certiorari. C. The scope of review to be afforded on certiorari shall be prescribed by the Court of Criminal Appeals. D. The defendant may appeal to the Court of Criminal Appeals from the denial of a pretrial motion seeking immunity from prosecution pursuant to subsection F of Section 1289.25 of Title 21 of the Oklahoma Statutes within ten (10) days of the denial of the motion. Priority shall be given to appeals taken pursuant to this subsection and an order staying proceedings shall be entered pending the outcome of the appeal. If an appeal is not brought within ten (10) days of the denial, the defendant waives appellate review of his or her claim of immunity from prosecution and subsequent motions and appeals pursuant to this subsection shall be dismissed.

Legislative History

R.L. 1910, § 5988. Amended by Laws 1965, c. 113, § 1, emerg. eff. May 19, 1965; Laws 1970, c. 157, §§ 1, 2; Laws 2022, c. 209, § 1, eff. Nov. 1, 2022.