Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. How will Frank decide if a case is on direct appeal or discretionary appeal?
A) If the presiding justice assigns him to a case, the case should be treated as a direct appeal.
B) If he is allowed to vote on whether the Court of Appeals for the Second District should hear the case, it is a direct appeal.
C) Direct appeals must be filed before trial, all other cases are discretionary appeals.
D) If a statute mandates that the Court of Appeals for the Second District hear the case, it is a direct appeal.
Correct Answer:
Verified
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