By Talton                                             H.B. No. 2317
         77R8379 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of a defendant to appeal a conviction in a
 1-3     criminal case.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 44, Code of Criminal Procedure, is amended
 1-6     by adding Article 44.011 to read as follows:
 1-7           Art. 44.011.  DEFENDANT'S RIGHT TO APPEAL.  (a)  Except as
 1-8     provided by Subsection (b), a defendant convicted in a criminal
 1-9     case is  entitled to appeal the conviction in the manner provided
1-10     by this code and the Rules of Appellate Procedure.
1-11           (b)  A defendant convicted after entering a plea of guilty or
1-12     nolo contendere is entitled to appeal only with the permission of
1-13     the trial court, unless the punishment in the case exceeds the
1-14     punishment agreed to by the defendant and the attorney representing
1-15     the state.
1-16           SECTION 2. Article 44.02, Code of Criminal Procedure, is
1-17     repealed.
1-18           SECTION 3. The change in law made by this Act applies only to
1-19     the appeal of a judgment entered on or after the effective date of
1-20     this Act.  The appeal of a judgment entered before the effective
1-21     date of this Act is covered by the law in effect when the judgment
1-22     was entered, and the former law is continued in effect for that
1-23     purpose.
1-24           SECTION 4. This Act takes effect September 1, 2001.