What is the difference between a direct appeal and post-conviction relief? And a direct appeal means you're going through the regular process, everything in order. So it's for a criminal case that's in the state of Oklahoma.
If you are convicted, you have one appeal of right, meaning that you cannot be denied an opportunity to have an appeal. Everybody gets at least one appeal, and that's your one appeal of right, and that's your direct appeal.
So within 10 days of being convicted and that judgment and sentence are entered, you need to file a notice of intent to appeal.
And then you need to perfect that filing of the appeal through a petition in error, designation of record, and like documents to the Oklahoma Court of Criminal Appeals.
That is your direct appeal when it's done timely directly after your conviction. If that appeal is not successful, at that point, you have a final conviction. You don't have a final and appealed conviction until you've exhausted your direct appeals.
But that doesn't mean all appeals because there's another type of appeal, and it would be an indirect appeal as opposed to a direct appeal, but it's post-conviction relief.
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