By Dutton                                             H.B. No. 2829
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to appeals and notices of appeals in criminal cases.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 44.02, Texas Code of Criminal Procedure
    1-5  is amended to read as follows:
    1-6        <Art. 44.02.  Defendant may appeal.  A defendant in any
    1-7  criminal action has the right of appeal under the rules hereinafter
    1-8  prescribed, provided, however, before the defendant who has been
    1-9  convicted upon either his plea of guilty or plea of nolo contendere
   1-10  before the court and the court, upon the election of the defendant,
   1-11  assesses punishment and the punishment does not exceed the
   1-12  punishment recommended by the prosecutor and agreed to by the
   1-13  defendant and his attorney may prosecute his appeal, he must have
   1-14  permission of the trial court, except on those matters which have
   1-15  been raised by written motion filed prior to trial.>  This article
   1-16  in no way affects appeals pursuant to Article 44.17 of this
   1-17  chapter.
   1-18        ART. 44.02.  APPELLATE NOTICE AND APPEALS AFTER GUILTY PLEAS.
   1-19  (a)  Appeals in Capital Cases.  Notice of appeal is unnecessary in
   1-20  capital cases in which the person has been sentenced to death.
   1-21        (b)  Appeals after Not Guilty Pleas.  If a defendant pleads
   1-22  Not Guilty whether in a jury trial or a trial before the court, the
   1-23  notice of appeal shall be in writing and filed with the clerk of
    2-1  the trial court, and shall be sufficient if the notice shows the
    2-2  desire of the defendant to appeal from the judgment or other
    2-3  appealable matter.
    2-4        (c)  Appeals after Negotiated Guilty Pleas.  (1)  A defendant
    2-5  who has been convicted based on a negotiated plea, where the trial
    2-6  court assesses punishment recommended by the prosecutor and agreed
    2-7  to by the defendant and his attorney, may prosecute his appeal of
    2-8  those matters raised by written motion and ruled on prior to trial.
    2-9  Notice of appeal after a guilty plea shall be in writing and filed
   2-10  with the clerk of the trial court, and shall be sufficient if the
   2-11  notice shows the desire of the defendant to appeal from the
   2-12  judgment or other appealable matter and reflects that he pled
   2-13  guilty to the offense.  (2)  Where there are no matters raised by
   2-14  written motion and ruled on prior to trial, the defendant who has
   2-15  been convicted based on a negotiated plea may not appeal errors or
   2-16  defects which occurred prior to entry of the plea without
   2-17  permission of the trial court.  If permission to appeal is granted
   2-18  by the trial court, the defendant's notice of appeal shall be in
   2-19  writing, filed with the clerk of the trial, and expressing the
   2-20  desire of the defendant to appeal court, and must state that
   2-21  permission has been granted by the trial court.
   2-22        (d)  Appeals after Unnegotiated Guilty Pleas.  If a defendant
   2-23  pleads guilty whether in a jury trial or a trial before the court,
   2-24  the notice of appeal shall be in writing and filed with the clerk
   2-25  of the trial court, and shall be sufficient if the notice shows the
    3-1  desire of the defendant to appeal from the judgment or other
    3-2  appealable matter.
    3-3        (e)  In all other cases, a defendant may appeal by filing a
    3-4  notice of appeal.  The notice of appeal shall be in writing and
    3-5  filed with the clerk of the trial court, and shall be sufficient if
    3-6  the notice shows the desire of the defendant to appeal from the
    3-7  judgment or other appealable matter.
    3-8        (f)  Technical defects do not deprive the court of appeals
    3-9  jurisdiction to entertain the appeal.
   3-10        SECTION 2.  The change in law made by this Act applies only
   3-11  to appeals commenced on or after the effective date of this Act.
   3-12        SECTION 3.  This Act takes effect September 1, 1995.
   3-13        SECTION 4.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended.