People v. Kennedy

Defendant Michael J. Kennedy appeals from his conviction, following a trial by declaration, for violating Vehicle Code section 22350 (unsafe speed). The Appellate Division of the San Bernardino County Superior Court certified the case for transfer to this court to determine whether a defendant convicted after a trial by declaration may take a direct appeal to the appellate division, or whether such an appeal is authorized only if the defendant is first convicted again following a trial de novo. We hold that a direct appeal to the appellate division of the superior court is authorized only if a defendant convicted after a trial by declaration has timely sought a trial de novo.

BACKGROUND

Defendant was cited for speeding when he was clocked at a speed of 63 miles per hour in a 40-mile-per-hour speed zone. Defendant elected to have a trial by declaration for his traffic infraction. (§ 40902.) The trial by declara tion was conducted on January 31, 2008; defendant was found guilty and fined $319.

Defendant did not request a trial de novo. (Cal. Rules of Court, rule 4.210(b)(7).) Instead, defendant filed a notice of appeal from the judgment. On June 13, 2008, the appellate…