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.