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How do I have to file an appeal for a felony in Texas? It is…

Customer Question
Good afternoon, how long...

Good afternoon, how long do I have to file an appeal for a felony in Texas?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

It is in Texas. My son was sentenced for a felony and he took a plead with no appeal. I want to know can we appeal this?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was no jury and since my son entered no appeal can he change his mind, also how long would we have? Thank you.

Submitted: 11 months ago.Category: Legal
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9/16/2017
Lawyer: Ray, Lawyer replied 11 months ago
Ray
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 11 months ago

A plea bargain, where the trial judge does not exceed the punishment recommendation from the prosecutor, usually waives the defendant’s right to appeal except for matters raised by written motion and ruled upon prior to the plea. Motions to suppress evidence, for instance, are examples of such appealable matters.

One’s sentencing date is the key point in the appeal process. Most time limits imposed upon the defendant in a criminal appeal begin to run on the day a person is sentenced. In general, the defendant has 30 calendar days in Texas to file a motion for new trial or to file a notice of appeal which vests jurisdiction in the appellate court.

A motion for new trial is the best way to develop non-record claims such as ineffective assistance of counsel, disproportionate sentences, or juror misconduct. 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.

The written notice of appeal must be filed within 30 calendar days of sentencing unless 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 “reporter’s record” (i.e. transcript) 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, it’s a good idea to file these papers 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 his sentence did not exceed ten (10) years confinement. Granting an appeal bond is discretionary with the trial judge. The judge may also order the defendant comply with bond conditions like regular reporting , a curfew, or other reasonable conditions.

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Lawyer: Ray, Lawyer replied 11 months ago

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