{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1051","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1051","heading":"Right of appeal - Review - Corrective jurisdiction -","body":"Procedure - Scope of review on certiorari.\n\nA. An appeal to the Court of Criminal Appeals may be taken by\n\nthe defendant, as a matter of right from any judgment against the\n\ndefendant, which shall be taken as herein provided; and, upon the\n\nappeal, any decision of the court or intermediate order made in the\n\nprogress of the case may be reviewed; provided further, all appeals\n\ntaken from any conviction on a plea of guilty shall be taken by\n\npetition for writ of certiorari to the Court of Criminal Appeals, as\n\nprovided in subsection B of this section; provided, the petition\n\nmust be filed within ninety (90) days from the date of the\n\nconviction. The Court of Criminal Appeals may take jurisdiction of\n\nany case for the purpose of correcting the appeal records when the\n\nsame do not disclose judgment and sentence; such jurisdiction shall\n\nbe for the sole purpose of correcting the defect or defects.\n\nB. The procedure for the filing of an appeal in the Court of\n\nCriminal Appeals shall be as provided in the Rules of the Court of\n\nCriminal Appeals; and the Court of Criminal Appeals shall provide by\n\ncourt rules, which will have the force of statute, and be in\n\nfurtherance of this method of appeal:\n\n1. The procedure to be followed by the trial courts in the\n\npreparation and authentication of transcripts and records in cases\n\nappealed under this act;\n\n2. The procedure to be followed for the completion and\n\nsubmission of the appeal taken hereunder; and\n\n3. The procedure to be followed for filing a petition for and\n\nthe issuance of a writ of certiorari.\n\nC. The scope of review to be afforded on certiorari shall be\n\nprescribed by the Court of Criminal Appeals.\n\nD. The defendant may appeal to the Court of Criminal Appeals\n\nfrom the denial of a pretrial motion seeking immunity from\n\nprosecution pursuant to subsection F of Section 1289.25 of Title 21\n\nof the Oklahoma Statutes within ten (10) days of the denial of the\n\nmotion. Priority shall be given to appeals taken pursuant to this\n\nsubsection and an order staying proceedings shall be entered pending\n\nthe outcome of the appeal. If an appeal is not brought within ten\n\n(10) days of the denial, the defendant waives appellate review of\n\nhis or her claim of immunity from prosecution and subsequent motions\n\nand appeals pursuant to this subsection shall be dismissed.\n\nR.L. 1910, § 5988. Amended by Laws 1965, c. 113, § 1, emerg. eff.\n\nMay 19, 1965; Laws 1970, c. 157, §§ 1, 2; Laws 2022, c. 209, § 1,\n\neff. Nov. 1, 2022.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f882694aee7d52c04d493af4bb0523ea55f1dadf80560b17bdb744f066f4a7a0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-105","next":"us-ok/okla.-stat.-tit.-22-22-1052"},"notice":"GroundRules: Original legal text. Not legal advice."}