CHAPTER 44. APPEAL AND WRIT OF ERROR

State Codes and Statutes

Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-44-appeal-and-writ-of-error

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

Art. 44.01. APPEAL BY STATE. (a) The state is entitled to appeal

an order of a court in a criminal case if the order:

(1) dismisses an indictment, information, or complaint or any

portion of an indictment, information, or complaint;

(2) arrests or modifies a judgment;

(3) grants a new trial;

(4) sustains a claim of former jeopardy;

(5) grants a motion to suppress evidence, a confession, or an

admission, if jeopardy has not attached in the case and if the

prosecuting attorney certifies to the trial court that the appeal

is not taken for the purpose of delay and that the evidence,

confession, or admission is of substantial importance in the

case; or

(6) is issued under Chapter 64.

(b) The state is entitled to appeal a sentence in a case on the

ground that the sentence is illegal.

if the defendant is convicted in the case and appeals the

judgment.

(d) The prosecuting attorney may not make an appeal under

Subsection (a) or (b) of this article later than the 20th day

after the date on which the order, ruling, or sentence to be

appealed is entered by the court.

(e) The state is entitled to a stay in the proceedings pending

the disposition of an appeal under Subsection (a) or (b) of this

article.

(f) The court of appeals shall give precedence in its docket to

an appeal filed under Subsection (a) or (b) of this article. The

state shall pay all costs of appeal under Subsection (a) or (b)

of this article, other than the cost of attorney's fees for the

defendant.

(g) If the state appeals pursuant to this article and the

defendant is on bail, he shall be permitted to remain at large on

the existing bail. If the defendant is in custody, he is entitled

to reasonable bail, as provided by law, unless the appeal is from

an order which would terminate the prosecution, in which event

the defendant is entitled to release on personal bond.

(h) The Texas Rules of Appellate Procedure apply to a petition by

the state to the Court of Criminal Appeals for review of a

decision of a court of appeals in a criminal case.

(i) In this article, "prosecuting attorney" means the county

attorney, district attorney, or criminal district attorney who

has the primary responsibility of prosecuting cases in the court

hearing the case and does not include an assistant prosecuting

attorney.

(j) Nothing in this article is to interfere with the defendant's

right to appeal under the procedures of Article 44.02 of this

code. The defendant's right to appeal under Article 44.02 may be

prosecuted by the defendant where the punishment assessed is in

accordance with Subsection (a), Section 3d, Article 42.12 of this

code, as well as any other punishment assessed in compliance with

Article 44.02 of this code.

(k) The state is entitled to appeal an order granting relief to

an applicant for a writ of habeas corpus under Article 11.072.

(l) The state is entitled to appeal an order entered under:

(1) Subchapter G or H, Chapter 62, that exempts a person from

complying with the requirements of Chapter 62; and

(2) Subchapter I, Chapter 62, that terminates a person's

obligation to register under Chapter 62.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 123, eff.

Sept. 1, 1981; Acts 1987, 70th Leg., ch. 382, Sec. 1; Subsec. (a)

amended by Acts 2003, 78th Leg., ch. 13, Sec. 7, eff. Sept. 1,

2003. Subsec. (k) added by Acts 2003, 78th Leg., ch. 587, Sec. 2,

eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1008, Sec. 1.04, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1038, Sec. 2, eff. September 1, 2007.

Art. 44.02. DEFENDANT MAY APPEAL. A defendant in any criminal

action has the right of appeal under the rules hereinafter

prescribed, provided, however, before the defendant who has been

convicted upon either his plea of guilty or plea of nolo

contendere before the court and the court, upon the election of

the defendant, assesses punishment and the punishment does not

exceed the punishment recommended by the prosecutor and agreed to

by the defendant and his attorney may prosecute his appeal, he

must have permission of the trial court, except on those matters

which have been raised by written motion filed prior to trial.

This article in no way affects appeals pursuant to Article 44.17

of this chapter.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1977, 65th Leg., p. 940, ch. 351, Sec. 1, eff. Aug. 29, 1977.

Art. 44.04. BOND PENDING APPEAL. (a) Pending the determination

of any motion for new trial or the appeal from any misdemeanor

conviction, the defendant is entitled to be released on

reasonable bail.

(b) The defendant may not be released on bail pending the appeal

from any felony conviction where the punishment equals or exceeds

10 years confinement or where the defendant has been convicted of

an offense listed under Section 3g(a)(1), Article 42.12, but

shall immediately be placed in custody and the bail discharged.

conviction described in Subsection (b) of this section, the trial

court may deny bail and commit the defendant to custody if there

then exists good cause to believe that the defendant would not

appear when his conviction became final or is likely to commit

another offense while on bail, permit the defendant to remain at

large on the existing bail, or, if not then on bail, admit him to

reasonable bail until his conviction becomes final. The court may

impose reasonable conditions on bail pending the finality of his

conviction. On a finding by the court on a preponderance of the

evidence of a violation of a condition, the court may revoke the

bail.

(d) After conviction, either pending determination of any motion

for new trial or pending final determination of the appeal, the

court in which trial was had may increase or decrease the amount

of bail, as it deems proper, either upon its own motion or the

motion of the State or of the defendant.

(e) Any bail entered into after conviction and the sureties on

the bail must be approved by the court where trial was had. Bail

is sufficient if it substantially meets the requirements of this

code and may be entered into and given at any term of court.

(f) In no event shall the defendant and the sureties on his bond

be released from their liability on such bond or bonds until the

defendant is placed in the custody of the sheriff.

(g) The right of appeal to the Court of Appeals of this state is

expressly accorded the defendant for a review of any judgment or

order made hereunder, and said appeal shall be given preference

by the appellate court.

(h) If a conviction is reversed by a decision of a Court of

Appeals, the defendant, if in custody, is entitled to release on

reasonable bail, regardless of the length of term of

imprisonment, pending final determination of an appeal by the

state or the defendant on a motion for discretionary review. If

the defendant requests bail before a petition for discretionary

review has been filed, the Court of Appeals shall determine the

amount of bail. If the defendant requests bail after a petition

for discretionary review has been filed, the Court of Criminal

Appeals shall determine the amount of bail. The sureties on the

bail must be approved by the court where the trial was had. The

defendant's right to release under this subsection attaches

immediately on the issuance of the Court of Appeals' final ruling

as defined by Tex.Cr.App.R. 209(c).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1977, 65th Leg., p. 636, ch. 234, Sec. 1, eff. Aug. 29, 1977.

Secs. (b), (c) amended by Acts 1981, 67th Leg., p. 707, ch. 268,

Sec. 17, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p.

813, ch. 291, Sec. 125, eff. Sept. 1, 1981. Secs. (b), (c)

amended by Acts 1983, 68th Leg., p. 2416, ch. 425, Sec. 26, eff.

Aug. 29, 1983; Sec. (h) amended by Acts 1983, 68th Leg., p. 1104,

ch. 249, Sec. 2, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch.

968, Sec. 1, eff. Aug. 26, 1985; Sec. (b) amended by Acts 1991,

72nd Leg., ch. 14, Sec. 284(50), eff. Sept. 1, 1991; Secs. (b),

1, 1999; Sec. (a) amended by Acts 2003, 78th Leg., ch. 942, Sec.

3, eff. June 20, 2003.

Art. 44.041. CONDITIONS IN LIEU OF BOND. (a) If a defendant is

confined in county jail pending appeal and is eligible for

release on bond pending appeal but is financially unable to make

bond, the court may release the defendant without bond pending

the conclusion of the appeal only if the court determines that

release under this article is reasonable given the circumstances

of the defendant's offense and the sentence imposed.

(b) A court that releases a defendant under this article must

require the defendant to participate in a program under Article

42.033, 42.034, 42.035, or 42.036 during the pendency of the

appeal. A defendant required to participate in a program may

receive credit toward completion of the defendant's sentence

while participating in the program in the same manner and to the

same extent provided by Article 42.033, 42.034, 42.035, or

42.036, as applicable.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.15, eff. Sept. 1,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

854, Sec. 5, eff. June 19, 2009.

Art. 44.07. RIGHT OF APPEAL NOT ABRIDGED. The right of appeal,

as otherwise provided by law, shall in no wise be abridged by any

provision of this Chapter.

Act 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.10. SHERIFF TO REPORT ESCAPE. When any such escape

occurs, the sheriff who had the prisoner in custody shall

immediately report the fact under oath to the district or county

attorney of the county in which the conviction was had, who shall

forthwith forward such report to the State prosecuting attorney.

Such report shall be sufficient evidence of the fact of such

escape to authorize the dismissal of the appeal.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.12. PROCEDURE AS TO BAIL PENDING APPEAL. The amount of

any bail given in any felony or misdemeanor case to perfect an

appeal from any court to the Court of Appeals shall be fixed by

the court in which the judgment or order appealed from was

rendered. The sufficiency of the security thereon shall be

tested, and the same proceedings had in case of forfeiture, as in

other cases regarding bail.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 815, ch. 291, Sec. 130, eff.

Sept. 1, 1981.

Art. 44.15. APPELLATE COURT MAY ALLOW NEW BOND. When an appeal

is taken from any court of this State, by filing a bond within

the time prescribed by law in such cases, and the court to which

appeal is taken determines that such bond is defective in form or

substance, such appellate court may allow the appellant to amend

such bond by filing a new bond, on such terms as the court may

prescribe.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.16. APPEAL BOND GIVEN WITHIN WHAT TIME. If the defendant

is not in custody, a notice of appeal as provided in Article

44.13 shall have no effect whatever until the required appeal

bond has been given and approved. The appeal bond shall be given

within ten days after the sentence of the court has been

rendered, except as provided in Article 27.14 of this code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 451, ch. 207, Sec. 3, eff.

Sept. 1, 1979.

Art. 44.17. APPEAL TO COUNTY COURT, HOW CONDUCTED . In all

appeals to a county court from justice courts and municipal

courts other than municipal courts of record, the trial shall be

de novo in the trial in the county court, the same as if the

prosecution had been originally commenced in that court. An

appeal to the county court from a municipal court of record may

be based only on errors reflected in the record.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 641, Sec. 3, eff. Sept. 1,

1987.

Art. 44.18. ORIGINAL PAPERS SENT UP. In appeals from justice and

corporation courts, all the original papers in the case, together

with the appeal bond, if any, and together, with a certified

transcript of all the proceedings had in the case before such

court shall be delivered without delay to the clerk of the court

to which the appeal was taken, who shall file the same and docket

the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.181. DEFECT IN COMPLAINT. (a) A court conducting a trial

de novo based on an appeal from a justice or municipal court may

dismiss the case because of a defect in the complaint only if the

defendant objected to the defect before the trial began in the

justice or municipal court.

(b) The attorney representing the state may move to amend a

defective complaint before the trial de novo begins.

Added by Acts 1995, 74th Leg., ch. 478, Sec. 2, eff. Sept. 1,

1995. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1545, Sec.

4, eff. Sept. 1, 1999.

Art. 44.19. WITNESSES NOT AGAIN SUMMONED. In the cases mentioned

in the preceding Article, the witnesses who have been summoned or

attached to appear in the case before the court below, shall

appear before the court to which the appeal is taken without

further process. In case of their failure to do so, the same

proceedings may be had as if they had been originally summoned or

attached to appear before such court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.20. RULES GOVERNING APPEAL BONDS. The rules governing

the taking and forfeiture of bail shall govern appeal bonds, and

the forfeiture and collection of such appeal bonds shall be in

the court to which such appeal is taken.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.25. CASES REMANDED. The courts of appeals or the Court

of Criminal Appeals may reverse the judgment in a criminal

action, as well upon the law as upon the facts.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 134, eff.

Sept. 1, 1981.

Art. 44.251. REFORMATION OF SENTENCE IN CAPITAL CASE. (a) The

court of criminal appeals shall reform a sentence of death to a

sentence of confinement in the Texas Department of Criminal

Justice for life without parole if the court finds that there is

legally insufficient evidence to support an affirmative answer to

an issue submitted to the jury under Section 2(b), Article

37.071, or Section 2(b), Article 37.072.

(b) The court of criminal appeals shall reform a sentence of

death to a sentence of confinement in the Texas Department of

Criminal Justice for life without parole if:

(1) the court finds reversible error that affects the punishment

stage of the trial other than a finding of insufficient evidence

under Subsection (a); and

(2) within 30 days after the date on which the opinion is handed

down, the date the court disposes of a timely request for

rehearing, or the date that the United States Supreme Court

disposes of a timely filed petition for writ of certiorari,

whichever date is later, the prosecuting attorney files a motion

requesting that the sentence be reformed to confinement for life

without parole.

affects the punishment stage of the trial only, as described by

Subsection (b) of this article, and the prosecuting attorney does

not file a motion for reformation of sentence in the period

described by that subsection, the defendant shall receive a new

sentencing trial in the manner required by Article 44.29(c) or

(d), as applicable.

(d) The court of criminal appeals shall reform a sentence of

death imposed under Section 12.42(c)(3), Penal Code, to a

sentence of imprisonment in the Texas Department of Criminal

Justice for life without parole if the United States Supreme

Court:

(1) finds that the imposition of the death penalty under Section

12.42(c)(3), Penal Code, violates the United States Constitution;

and

(2) issues an order that is not inconsistent with this article.

Added by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec. 2, eff.

Aug. 31, 1981. Amended by Acts 1991, 72nd Leg., ch. 838, Sec. 3,

eff. Sept. 1, 1991. Subsec. (a) amended by Acts 1993, 73rd Leg.,

ch. 781, Sec. 3, eff. Aug. 30, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

787, Sec. 10, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.18, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.036, eff. September 1, 2009.

Art. 44.2511. REFORMATION OF SENTENCE IN CAPITAL CASE FOR

OFFENSE COMMITTED BEFORE SEPTEMBER 1, 1991. (a) This article

applies to the reformation of a sentence of death in a capital

case for an offense committed before September 1, 1991. For

purposes of this subsection, an offense is committed before

September 1, 1991, if every element of the offense occurred

before that date.

(b) The court of criminal appeals shall reform a sentence of

death to a sentence of confinement in the Texas Department of

Criminal Justice for life if the court finds that there is

legally insufficient evidence to support an affirmative answer to

an issue submitted to the jury under Section 3(b), Article

37.0711.

death to a sentence of confinement in the Texas Department of

Criminal Justice for life if:

(1) the court finds reversible error that affects the punishment

stage of the trial other than a finding of insufficient evidence

under Subsection (b); and

(2) within 30 days after the date on which the opinion is handed

down, the date the court disposes of a timely request for

rehearing, or the date that the United States Supreme Court

disposes of a timely filed petition for writ of certiorari,

whichever date is later, the prosecuting attorney files a motion

requesting that the sentence be reformed to confinement for life.

(d) If the court of criminal appeals finds reversible error that

affects the punishment stage of the trial only, as described by

Subsection (c), and the prosecuting attorney does not file a

motion for reformation of sentence in the period described by

that subsection, the defendant shall receive a new sentencing

trial in the manner required by Article 44.29(c).

Added by Acts 2005, 79th Leg., Ch.

787, Sec. 11, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.037, eff. September 1, 2009.

Art. 44.28. WHEN MISDEMEANOR IS AFFIRMED. In misdemeanor cases

where there has been an affirmance, no proceedings need be had

after filing the mandate, except to forfeit the bond of the

defendant, or to issue a capias for the defendant, or an

execution against his property, to enforce the judgment of the

court, as if no appeal had been taken.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.281. DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR

AFFIRMED. In misdemeanor cases affirmed on appeal from a

municipal court, the fine imposed on appeal and the costs imposed

on appeal shall be collected from the defendant, and the fine of

the municipal court when collected shall be paid into the

municipal treasury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from

Vernon's Ann.C.C.P. art. 45.11 and amended by Acts 1999, 76th

Leg., ch. 1545, Sec. 65, eff. Sept. 1, 1999

Art. 44.29. EFFECT OF REVERSAL. (a) Where the court of appeals

or the Court of Criminal Appeals awards a new trial to the

defendant on the basis of an error in the guilt or innocence

stage of the trial or on the basis of errors in both the guilt or

innocence stage of the trial and the punishment stage of the

trial, the cause shall stand as it would have stood in case the

new trial had been granted by the court below.

(b) If the court of appeals or the Court of Criminal Appeals

awards a new trial to a defendant other than a defendant

convicted of an offense under Section 19.03, Penal Code, only on

the basis of an error or errors made in the punishment stage of

the trial, the cause shall stand as it would have stood in case

the new trial had been granted by the court below, except that

the court shall commence the new trial as if a finding of guilt

had been returned and proceed to the punishment stage of the

trial under Subsection (b), Section 2, Article 37.07, of this

code. If the defendant elects, the court shall empanel a jury for

the sentencing stage of the trial in the same manner as a jury is

empaneled by the court for other trials before the court. At the

new trial, the court shall allow both the state and the defendant

to introduce evidence to show the circumstances of the offense

and other evidence as permitted by Section 3 of Article 37.07 of

this code.

defendant convicted of an offense under Section 19.03, Penal

Code, and sentenced to death on the basis of any error affecting

punishment only, the court shall not set the conviction aside but

rather shall commence a new punishment hearing under Article

37.071 or Article 37.0711 of this code, as appropriate, as if a

finding of guilt had been returned. The court shall empanel a

jury for the sentencing stage of the trial in the same manner as

a jury is to be empaneled by the court in other trials before the

court for offenses under Section 19.03, Penal Code. At the new

punishment hearing, the court shall permit both the state and the

defendant to introduce evidence as permitted by Article 37.071 or

Article 37.0711 of this code.

(d) If any court sets aside or invalidates the sentence of a

defendant convicted of an offense punishable as a capital felony

under Section 12.42(c)(3), Penal Code, and sentenced to death on

the basis of any error affecting punishment only, the court shall

not set the conviction aside but rather shall commence a new

punishment hearing under Article 37.072, as if a finding of guilt

had been returned. The court shall empanel a jury for the

sentencing stage of the trial in the same manner as a jury is to

be empaneled by the court in other trials before the court for

the offense of which the defendant was convicted. At the new

punishment hearing, the court shall permit both the state and the

defendant to introduce evidence as permitted by Article 37.072.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 137, eff.

Sept. 1, 1981; Acts 1987, 70th Leg., ch. 179, Sec. 1, eff. Aug.

31, 1987. Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch.

838, Sec. 2, eff. Sept. 1, 1991; Subsec. (c) amended by Acts

1993, 73rd Leg., ch. 781, Sec. 4, eff. Aug. 30, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.19, eff. September 1, 2007.

Art. 44.33. HEARING IN APPELLATE COURT. (a) The Court of

Criminal Appeals shall make rules of posttrial and appellate

procedure as to the hearing of criminal actions not inconsistent

with this Code. After the record is filed in the Court of Appeals

or the Court of Criminal Appeals the parties may file such

supplemental briefs as they may desire before the case is

submitted to the court. Each party, upon filing any such

supplemental brief, shall promptly cause true copy thereof to be

delivered to the opposing party or to the latter's counsel. In

every case at least two counsel for the defendant shall be heard

in the Court of Appeals if such be desired by defendant. In every

case heard by the Court of Criminal Appeals at least two counsel

for the defendant shall be permitted oral argument if desired by

the appellant.

(b) Appellant's failure to file his brief in the time prescribed

shall not authorize a dismissal of the appeal by the Court of

Appeals or the Court of Criminal Appeals, nor shall the Court of

Appeals or the Court of Criminal Appeals, for such reason, refuse

to consider appellant's case on appeal.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 139, eff.

Sept. 1, 1981.

Art. 44.35. BAIL PENDING HABEAS CORPUS APPEAL. In any habeas

corpus proceeding in any court or before any judge in this State

where the defendant is remanded to the custody of an officer and

an appeal is taken to an appellate court, the defendant shall be

allowed bail by the court or judge so remanding the defendant,

except in capital cases where the proof is evident. The fact that

such defendant is released on bail shall not be grounds for a

dismissal of the appeal except in capital cases where the proof

is evident.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.39. APPELLANT DETAINED BY OTHER THAN OFFICER. If the

appellant in a case of habeas corpus be detained by any person

other than an officer, the sheriff receiving the mandate of the

appellate court, shall immediately cause the person so held to be

discharged; and the mandate shall be sufficient authority

therefor.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 818, ch. 291, Sec. 144, eff.

Sept. 1, 1981.

Art. 44.41. WHO SHALL TAKE BAIL BOND. When, by the judgment of

the appellate court upon cases of habeas corpus, the applicant is

ordered to give bail, such judgment shall be certified to the

officer holding him in custody; and if such officer be the

sheriff, the bail bond may be executed before him; if any other

officer, he shall take the person detained before some

magistrate, who may receive a bail bond, and shall file the same

in the proper court of the proper county; and such bond may be

forfeited and enforced as provided by law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 146, eff.

Sept. 1, 1981.

Art. 44.42. APPEAL ON FORFEITURES. An appeal may be taken by the

defendant from every final judgment rendered upon a personal

bond, bail bond or bond taken for the prevention or suppression

of offenses, where such judgment is for twenty dollars or more,

exclusive of costs, but not otherwise.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.43. WRIT OF ERROR. The defendant may also have any such

judgment as is mentioned in the preceding Article, and which may

have been rendered in courts other than the justice and

corporation courts, reviewed upon writ of error.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.44. RULES IN FORFEITURES. In the cases provided for in

the two preceding Articles, the proceeding shall be regulated by

the same rules that govern civil actions where an appeal is taken

or a writ of error sued out.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.45. REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court

of Criminal Appeals may review decisions of the court of appeals

on its own motion. An order for review must be filed before the

decision of the court of appeals becomes final as determined by

Article 42.045.

(b) The Court of Criminal Appeals may review decisions of the

court of appeals upon a petition for review.

(1) The state or a defendant in a case may petition the Court of

Criminal Appeals for review of the decision of a court of appeals

in that case.

(2) The petition shall be filed with the clerk of the court of

appeals which rendered the decision within 30 days after the

final ruling of the court of appeals.

(3) The petition for review shall be addressed to "The Court of

Criminal Appeals of Texas," and shall state the name of the

petitioning party and shall include a statement of the case and

authorities and arguments in support of each ground for review.

(4) Upon filing a petition for review, the petitioning party

shall cause a true copy to be delivered to the attorney

representing the opposing party. The opposing party may file a

reply to the petition with the Court of Criminal Appeals within

30 days after receipt of the petition from the petitioning party.

(5) Within 15 days after the filing of a petition for review, the

clerk of the court of appeals shall note the filing on the record

and forward the petition together with the original record and

the opinion of the court of appeals to the Court of Criminal

Appeals.

(6) The Court of Criminal Appeals shall either grant the petition

and review the case or refuse the petition.

(7) Subsequent to granting the petition for review, the Court of

Criminal Appeals may reconsider, set aside the order granting the

petition, and refuse the petition as though the petition had

never been granted.

to this article.

(d) Extensions of time for meeting the limits prescribed in

Subdivisions (2) and (4) of Subsection (b) of this article may be

granted by the Court of Criminal Appeals or a judge thereof for

good cause shown on timely application to the Court of Criminal

Appeals.

Added by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 147, eff.

Sept. 1, 1981. Sec. (d) added by Acts 1983, 68th Leg., p. 1103,

ch. 249, Sec. 1, eff. Aug. 29, 1983. Amended by Acts 1987, 70th

Leg., ch. 167, Sec. 5.02(3), eff. Sept. 1, 1987.

Art. 44.46. REVERSAL OF CONVICTION ON THE BASIS OF SERVICE ON

JURY BY A DISQUALIFIED JUROR. A conviction in a criminal case

may be reversed on appeal on the ground that a juror in the case

was absolutely disqualified from service under Article 35.19 of

this code only if:

(1) the defendant raises the disqualification before the verdict

is entered; or

(2) the disqualification was not discovered or brought to the

attention of the trial court until after the verdict was entered

and the defendant makes a showing of significant harm by the

service of the disqualified juror.

Added by Acts 1993, 73rd Leg., ch. 372, Sec. 1, eff. Sept. 1,

1993.

Art. 44.47. APPEAL OF TRANSFER FROM JUVENILE COURT. (a) A

defendant may appeal an order of a juvenile court certifying the

defendant to stand trial as an adult and transferring the

defendant to a criminal court under Section 54.02, Family Code.

(b) A defendant may appeal a transfer under Subsection (a) only

in conjunction with the appeal of a conviction of or an order of

deferred adjudication for the offense for which the defendant was

transferred to criminal court.

governed by this code and the Texas Rules of Appellate Procedure

that apply to a criminal case.

(d) An appeal under this article may include any claims under the

law that existed before January 1, 1996, that could have been

raised on direct appeal of a transfer under Section 54.02, Family

Code.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 85, eff. Jan. 1,

1996. Subsec. (b) amended by Acts 2003, 78th Leg., ch. 283, Sec.

30, eff. Sept. 1, 2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!