Texas Criminal Appeals
The day of sentencing is the critical date in the Texas appeal process. Most time limits imposed in a criminal appeal begin to run on the day a defendant is sentenced. Generally, the defendant has 30 calendar days within which to file a motion for new trial. Perfecting appeal also requires the defendant to file a notice of appeal, which vests jurisdiction in the appellate court, within this same 30 day period.
In a plea bargain situation, where the trial judge accepts, or does not exceed, the punishment recommendation by the prosecutor, a defendant typically waives his right to appeal except for matters raised by written motion and ruled upon prior to the plea. For example, motions to suppress evidence, ruled upon prior to the plea, are types of such appealable matters. Most appeals, however, result when a person’s guilt or innocence is contested and fought-out before the trial judge or jury. A convicted defendant then appeals the finding of guilt. Also, errors committed during the punishment phase of the trial can be raised during such an appeal.
The motion for new trial is a tactic to develop non-record claims for appeal. Such claims might include ineffective assistance of counsel, juror misconduct, or disproportionate sentences. Other possible claims raised in a motion for new trial include the denial of counsel, the misdirection of the jury, defense witnesses prevented from appearing in court, or evidence tending to establish a person’s innocence being intentionally destroyed or withheld. Also, any time the verdict is contrary to the law and evidence a claim can be raised in the motion for new trial.
In Texas, the notice of appeal must be filed within 30 calendar days of sentencing. The only exception is when a timely motion for new trial was filed. This extends the deadline for perfecting appeal to 90 days after sentencing. After the appeal is perfected, the transcript (i.e., “reporter’s record”) must be requested and a “designation for material” (e.g. exhibits) filed with the clerk. Although the request for the reporter’s record and the designation are not subject to the 30 day deadline, they should be filed early to assure the ball is rolling and the appeal is proceeding in a relatively rapid fashion.
After notice of appeal is filed the defendant may request an appeal bond, provided the sentence did not exceed ten (10) years confinement. Granting an appeal bond is within the trial judge’s discretion. The judge may also order the defendant comply with bond conditions. Such conditions include regular reporting, a curfew, or other reasonable conditions while on release pending appeal.
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