Do I have a right to appeal?
State law is very clear that a defendant in any criminal action has the right of appeal under Article 44.02 of the Code of Criminal Procedure.
When can I appeal my case?
In Municipal Court, the defendant has the right of appeal to County under the following scenarios:
- When you plea either 'Guilty' or 'No Contest'. (You do not have to go to trial to appeal)
- When a judgment is entered at trial. (A Conviction)
The request for an appeal must be submitted with a Surety Bond that is not less than twice the amount of the fine and court costs set. This process must take place within 10 days from the date of the conviction. It is suggested that the appeal be made by a licensed attorney on your behalf. Once the appeal is perfected in Municipal Court, the case will be sent to the County Court.
See the Statutes below regarding your appeal process.
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.
Art. 45.042. APPEAL. (a) Appeals from a justice or municipal court, including appeals from final judgments in bond forfeiture proceedings, shall be heard by the county court except in cases where the county court has no jurisdiction, in which counties such appeals shall be heard by the proper court.
Art. 45.0425. APPEAL BOND. (a) If the court from whose judgment and sentence the appeal is taken is in session, the court must approve the bail. The amount of an appeal bond may not be less than two times the amount of the fine and costs adjudged against the defendant, payable to the State of Texas.
Art. 45.0426. FILING BOND PERFECTS APPEAL. (a) When the appeal bond has been filed with the justice or judge who tried the case not later than the 10th day after the date the judgment was entered, the appeal in such case shall be held to be perfected.
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