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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
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Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Hi When filing an appeal for a class C midemeanor conviction

Resolved Question:

Hi When filing an appeal for a class C midemeanor conviction in a municipal court of record in Texas, which statute applies, Texas Code of Criminal Procedure 45.0426 or Texas Govenment Code 30.00014(b)? What is critical is whether or not one must file for new trial prior to filing the appeal and the time to do so. Thank you, XXXXX
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 7 years ago.
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Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

Both statutes apply, because they both cover different subjects. The Texas Code simply states that an appeal bond MUST be filed within 10 days of the original ruling, or the appellate court will not have jurisdiction. This is a timing statute. The government code is a "substantive" statute, and deals with the substantive issues that a motion for a new trial must contain and what the court of appeals will consider. I am guessing you are confused and may believe that the Texas code is saying that the appeal is perfected when the bond is filed, and no motion for new trial is needed. This is incorrect. The bond perfects the jurisdiction for the appeal, and then a motion for a new trial outlining the substantive issues needs to be filed with the appellate court. Hope this helps.

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