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CODE OF CRIMINAL PROCEDURE CHAPTER 44.
APPEAL AND WRIT OF ERROR
Art. 44.01. [812] [893] [871] Appeal by state
(a) The state is entitled to appeal an order of a court in a criminal
case if the order:
(1) dismisses an indictment, information, or complaint or any
portion of an indictment, information, or complaint;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy;
(5) grants a motion to suppress evidence, a confession, or an
admission, if jeopardy has not attached in the case and if the
prosecuting attorney certifies to the trial court that the appeal
is not taken for the purpose of delay and that the evidence,
confession, or admission is of substantial importance in the case;
or
(6) is issued under Chapter 64.
(b) The state is entitled to appeal a sentence in a case on the
ground that the sentence is illegal.
(c) The state is entitled to appeal a ruling on a question of law if
the defendant is convicted in the case and appeals the judgment.
(d) The prosecuting attorney may not make an appeal under
Subsection (a) or (b) of this article later than the 15th day after
the date on which the order, ruling, or sentence to be appealed is
entered by the court.
(e) The state is entitled to a stay in the proceedings pending the
disposition of an appeal under Subsection (a) or (b) of this
article.
(f) The court of appeals shall give precedence in its docket to an
appeal filed under Subsection (a) or (b) of this article. The state
shall pay all costs of appeal under Subsection (a) or (b) of this
article, other than the cost of attorney's fees for the defendant.
(g) If the state appeals pursuant to this article and the defendant
is on bail, he shall be permitted to remain at large on the existing
bail. If the defendant is in custody, he is entitled to reasonable
bail, as provided by law, unless the appeal is from an order which
would terminate the prosecution, in which event the defendant is
entitled to release on personal bond.
(h) The Texas Rules of Appellate Procedure apply to a petition by
the state to the Court of Criminal Appeals for review of a decision
of a court of appeals in a criminal case.
(i) In this article, "prosecuting attorney" means the county
attorney, district attorney, or criminal district attorney who has
the primary responsibility of prosecuting cases in the court
hearing the case and does not include an assistant prosecuting
attorney.
(j) Nothing in this article is to interfere with the defendant's
right to appeal under the procedures of Article 44.02 of this code.
The defendant's right to appeal under Article 44.02 may be
prosecuted by the defendant where the punishment assessed is in
accordance with Subsection (a), Section 3d, Article 42.12 of this
code, as well as any other punishment assessed in compliance with
Article 44.02 of this code.
(k) The state is entitled to appeal an order granting relief to an
applicant for a writ of habeas corpus under Article 11.072.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 123, eff.
Sept. 1, 1981; Acts 1987, 70th Leg., ch. 382, Sec. 1; Subsec. (a)
amended by Acts 2003, 78th Leg., ch. 13, Sec. 7, eff. Sept. 1, 2003.
Subsec. (k) added by Acts 2003, 78th Leg., ch. 587, Sec. 2, eff.
June 20, 2003.
Art. 44.02. [813] [894] [872] Defendant may appeal
A defendant in any criminal action has the right of appeal under the
rules hereinafter prescribed, provided, however, before the
defendant who has been convicted upon either his plea of guilty or
plea of nolo contendere before the court and the court, upon the
election of the defendant, assesses punishment and the punishment
does not exceed the punishment recommended by the prosecutor and
agreed to by the defendant and his attorney may prosecute his
appeal, he must have permission of the trial court, except on those
matters which have been raised by written motion filed prior to
trial. This article in no way affects appeals pursuant to Article
44.17 of this chapter.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1977,
65th Leg., p. 940, ch. 351, Sec. 1, eff. Aug. 29, 1977.
Art. 44.04. [815-818] [901-904] [875, 876] Bond pending appeal
(a) Pending the determination of any motion for new trial or the
appeal from any misdemeanor conviction, the defendant is entitled
to be released on reasonable bail.
(b) The defendant may not be released on bail pending the appeal
from any felony conviction where the punishment equals or exceeds
10 years confinement or where the defendant has been convicted of an
offense listed under Section 3g(a)(1), Article 42.12, but shall
immediately be placed in custody and the bail discharged.
(c) Pending the appeal from any felony conviction other than a
conviction described in Subsection (b) of this section, the trial
court may deny bail and commit the defendant to custody if there
then exists good cause to believe that the defendant would not
appear when his conviction became final or is likely to commit
another offense while on bail, permit the defendant to remain at
large on the existing bail, or, if not then on bail, admit him to
reasonable bail until his conviction becomes final. The court may
impose reasonable conditions on bail pending the finality of his
conviction. On a finding by the court on a preponderance of the
evidence of a violation of a condition, the court may revoke the
bail.
(d) After conviction, either pending determination of any motion
for new trial or pending final determination of the appeal, the
court in which trial was had may increase or decrease the amount of
bail, as it deems proper, either upon its own motion or the motion
of the State or of the defendant.
(e) Any bail entered into after conviction and the sureties on the
bail must be approved by the court where trial was had. Bail is
sufficient if it substantially meets the requirements of this code
and may be entered into and given at any term of court.
(f) In no event shall the defendant and the sureties on his bond be
released from their liability on such bond or bonds until the
defendant is placed in the custody of the sheriff.
(g) The right of appeal to the Court of Appeals of this state is
expressly accorded the defendant for a review of any judgment or
order made hereunder, and said appeal shall be given preference by
the appellate court.
(h) If a conviction is reversed by a decision of a Court of Appeals,
the defendant, if in custody, is entitled to release on reasonable
bail, regardless of the length of term of imprisonment, pending
final determination of an appeal by the state or the defendant on a
motion for discretionary review. If the defendant requests bail
before a petition for discretionary review has been filed, the
Court of Appeals shall determine the amount of bail. If the
defendant requests bail after a petition for discretionary review
has been filed, the Court of Criminal Appeals shall determine the
amount of bail. The sureties on the bail must be approved by the
court where the trial was had. The defendant's right to release
under this subsection attaches immediately on the issuance of the
Court of Appeals' final ruling as defined by Tex.Cr.App.R. 209(c).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1977,
65th Leg., p. 636, ch. 234, Sec. 1, eff. Aug. 29, 1977.
Secs. (b), (c) amended by Acts 1981, 67th Leg., p. 707, ch. 268,
Sec. 17, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p.
813, ch. 291, Sec. 125, eff. Sept. 1, 1981. Secs. (b), (c) amended
by Acts 1983, 68th Leg., p. 2416, ch. 425, Sec. 26, eff. Aug. 29,
1983; Sec. (h) amended by Acts 1983, 68th Leg., p. 1104, ch. 249,
Sec. 2, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 968, Sec. 1,
eff. Aug. 26, 1985; Sec. (b) amended by Acts 1991, 72nd Leg., ch.
14, Sec. 284(50), eff. Sept. 1, 1991; Secs. (b), (c) amended by Acts
1999, 76th Leg., ch. 546, Sec. 1, eff. Sept. 1, 1999; Sec. (a)
amended by Acts 2003, 78th Leg., ch. 942, Sec. 3, eff. June 20,
2003.
Art. 44.041. Conditions in Lieu of Bond
(a) If a defendant is confined in county jail pending appeal and is
eligible for release on bond pending appeal but is financially
unable to make bond, the court may release the defendant without
bond pending the conclusion of the appeal only if the court
determines that release under this article is reasonable given the
circumstances of the defendant's offense and the sentence imposed.
(b) A court that releases a defendant under this article must
require the defendant to participate in a program under Article
42.033, 42.034, 42.035, or 42.036 of this code during the pendency
of the appeal. The defendant may not receive credit toward
completion of the defendant's sentence while participating in a
program required by this subsection.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.15, eff. Sept. 1,
1989.
Art. 44.07. [821] [908] Right of appeal not abridged
The right of appeal, as otherwise provided by law, shall in no wise
be abridged by any provision of this Chapter.
Act 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.10. [825] [913] [881] Sheriff to report escape
When any such escape occurs, the sheriff who had the prisoner in
custody shall immediately report the fact under oath to the
district or county attorney of the county in which the conviction
was had, who shall forthwith forward such report to the State
prosecuting attorney. Such report shall be sufficient evidence of
the fact of such escape to authorize the dismissal of the appeal.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.12. [832] [905-919] Procedure as to bail pending appeal
The amount of any bail given in any felony or misdemeanor case to
perfect an appeal from any court to the Court of Appeals shall be
fixed by the court in which the judgment or order appealed from was
rendered. The sufficiency of the security thereon shall be tested,
and the same proceedings had in case of forfeiture, as in other
cases regarding bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 815, ch. 291, Sec. 130, eff.
Sept. 1, 1981.
Art. 44.15. [835] [923] Appellate court may allow new bond
When an appeal is taken from any court of this State, by filing a
bond within the time prescribed by law in such cases, and the court
to which appeal is taken determines that such bond is defective in
form or substance, such appellate court may allow the appellant to
amend such bond by filing a new bond, on such terms as the court may
prescribe.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.16. [836] [924] [890] Appeal bond given within what time
If the defendant is not in custody, a notice of appeal as provided
in Article 44.13 shall have no effect whatever until the required
appeal bond has been given and approved. The appeal bond shall be
given within ten days after the sentence of the court has been
rendered, except as provided in Article 27.14 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 451, ch. 207, Sec. 3, eff. Sept.
1, 1979.
Art. 44.17. [837] [925] [891] Appeal to county court, how conducted
In all appeals to a county court from justice courts and municipal
courts other than municipal courts of record, the trial shall be de
novo in the trial in the county court, the same as if the
prosecution had been originally commenced in that court. An appeal
to the county court from a municipal court of record may be based
only on errors reflected in the record.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 641, Sec. 3, eff. Sept. 1,
1987.
Art. 44.18. [838] [926] [892] Original papers sent up
In appeals from justice and corporation courts, all the original
papers in the case, together with the appeal bond, if any, and
together, with a certified transcript of all the proceedings had in
the case before such court shall be delivered without delay to the
clerk of the court to which the appeal was taken, who shall file the
same and docket the case.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.181. Defect in complaint
(a) A court conducting a trial de novo based on an appeal from a
justice or municipal court may dismiss the case because of a defect
in the complaint only if the defendant objected to the defect before
the trial began in the justice or municipal court.
(b) The attorney representing the state may move to amend a
defective complaint before the trial de novo begins.
Added by Acts 1995, 74th Leg., ch. 478, Sec. 2, eff. Sept. 1, 1995.
Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1545, Sec. 4, eff.
Sept. 1, 1999.
Art. 44.19. [839] [927] [893] Witnesses not again summoned
In the cases mentioned in the preceding Article, the witnesses who
have been summoned or attached to appear in the case before the
court below, shall appear before the court to which the appeal is
taken without further process. In case of their failure to do so,
the same proceedings may be had as if they had been originally
summoned or attached to appear before such court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.20. [840] [928] [894] Rules governing appeal bonds
The rules governing the taking and forfeiture of bail shall govern
appeal bonds, and the forfeiture and collection of such appeal
bonds shall be in the court to which such appeal is taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.25. [848] [939] [905] Cases remanded
The courts of appeals or the Court of Criminal Appeals may reverse
the judgment in a criminal action, as well upon the law as upon the
facts.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 134, eff.
Sept. 1, 1981.
Art. 44.251. Reformation of sentence in capital case
(a) The court of criminal appeals shall reform a sentence of death
to a sentence of confinement in the institutional division of the
Texas Department of Criminal Justice for life if the court finds
that there is insufficient evidence to support an affirmative
answer to an issue submitted to the jury under Section 2(b), Article
37.071, or Section 3(b), Article 37.0711, of this code or a negative
answer to an issue submitted to a jury under Section 2(e), Article
37.071, or Section 3(e), Article 37.0711, of this code.
(b) The court of criminal appeals shall reform a sentence of death
to a sentence of confinement in the institutional division of the
Texas Department of Criminal Justice for life if:
(1) the court finds reversible error that affects the punishment
stage of the trial other than a finding of insufficient evidence
under Subsection (a) of this article; and
(2) within 30 days after the date on which the opinion is handed
down, the date the court disposes of a timely request for rehearing,
or the date that the United States Supreme Court disposes of a
timely filed petition for writ of certiorari, whichever date is
later, the prosecuting attorney files a motion requesting that the
sentence be reformed to confinement for life.
(c) If the court of criminal appeals finds reversible error that
affects the punishment stage of the trial only, as described by
Subsection (b) of this article, and the prosecuting attorney does
not file a motion for reformation of sentence in the period
described by that subsection, the defendant shall receive a new
sentencing trial in the manner required by Article 44.29(c) of this
code.
Added by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec. 2, eff. Aug.
31, 1981. Amended by Acts 1991, 72nd Leg., ch. 838, Sec. 3, eff.
Sept. 1, 1991. Subsec. (a) amended by Acts 1993, 73rd Leg., ch.
781, Sec. 3, eff. Aug. 30, 1993.
Art. 44.28. [851] [944] [910] When misdemeanor is affirmed
In misdemeanor cases where there has been an affirmance, no
proceedings need be had after filing the mandate, except to forfeit
the bond of the defendant, or to issue a capias for the defendant,
or an execution against his property, to enforce the judgment of the
court, as if no appeal had been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.281. [877] Disposition of Fines and Costs When Misdemeanor
Affirmed
In misdemeanor cases affirmed on appeal from a municipal court, the
fine imposed on appeal and the costs imposed on appeal shall be
collected from the defendant, and the fine of the municipal court
when collected shall be paid into the municipal treasury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.11 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 65, eff. Sept. 1, 1999
Art. 44.29. [852] [945] [911] Effect of reversal
(a) Where the court of appeals or the Court of Criminal Appeals
awards a new trial to the defendant on the basis of an error in the
guilt or innocence stage of the trial or on the basis of errors in
both the guilt or innocence stage of the trial and the punishment
stage of the trial, the cause shall stand as it would have stood in
case the new trial had been granted by the court below.
(b) If the court of appeals or the Court of Criminal Appeals awards
a new trial to a defendant other than a defendant convicted of an
offense under Section 19.03, Penal Code, only on the basis of an
error or errors made in the punishment stage of the trial, the cause
shall stand as it would have stood in case the new trial had been
granted by the court below, except that the court shall commence the
new trial as if a finding of guilt had been returned and proceed to
the punishment stage of the trial under Subsection (b), Section 2,
Article 37.07, of this code. If the defendant elects, the court
shall empanel a jury for the sentencing stage of the trial in the
same manner as a jury is empaneled by the court for other trials
before the court. At the new trial, the court shall allow both the
state and the defendant to introduce evidence to show the
circumstances of the offense and other evidence as permitted by
Section 3 of Article 37.07 of this code.
(c) If any court sets aside or invalidates the sentence of a
defendant convicted of an offense under Section 19.03, Penal Code,
and sentenced to death on the basis of any error affecting
punishment only, the court shall not set the conviction aside but
rather shall commence a new punishment hearing under Article 37.071
or Article 37.0711 of this code, as appropriate, as if a finding of
guilt had been returned. The court shall empanel a jury for the
sentencing stage of the trial in the same manner as a jury is to be
empaneled by the court in other trials before the court for offenses
under Section 19.03, Penal Code. At the new punishment hearing, the
court shall permit both the state and the defendant to introduce
evidence as permitted by Article 37.071 or Article 37.0711 of this
code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 137, eff.
Sept. 1, 1981; Acts 1987, 70th Leg., ch. 179, Sec. 1, eff. Aug. 31,
1987. Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch. 838,
Sec. 2, eff. Sept. 1, 1991; Subsec. (c) amended by Acts 1993, 73rd
Leg., ch. 781, Sec. 4, eff. Aug. 30, 1993.
Art. 44.33. [856] [949] [915] Hearing in appellate court
(a) The Court of Criminal Appeals shall make rules of posttrial and
appellate procedure as to the hearing of criminal actions not
inconsistent with this Code. After the record is filed in the Court
of Appeals or the Court of Criminal Appeals the parties may file
such supplemental briefs as they may desire before the case is
submitted to the court. Each party, upon filing any such
supplemental brief, shall promptly cause true copy thereof to be
delivered to the opposing party or to the latter's counsel. In
every case at least two counsel for the defendant shall be heard in
the Court of Appeals if such be desired by defendant. In every case
heard by the Court of Criminal Appeals at least two counsel for the
defendant shall be permitted oral argument if desired by the
appellant.
(b) Appellant's failure to file his brief in the time prescribed
shall not authorize a dismissal of the appeal by the Court of
Appeals or the Court of Criminal Appeals, nor shall the Court of
Appeals or the Court of Criminal Appeals, for such reason, refuse to
consider appellant's case on appeal.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 139, eff.
Sept. 1, 1981.
Art. 44.35. [857a] Bail pending habeas corpus appeal
In any habeas corpus proceeding in any court or before any judge in
this State where the defendant is remanded to the custody of an
officer and an appeal is taken to an appellate court, the defendant
shall be allowed bail by the court or judge so remanding the
defendant, except in capital cases where the proof is evident. The
fact that such defendant is released on bail shall not be grounds
for a dismissal of the appeal except in capital cases where the
proof is evident.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.39. [861] [957] [923] Appellant detained by other than
officer
If the appellant in a case of habeas corpus be detained by any
person other than an officer, the sheriff receiving the mandate of
the appellate court, shall immediately cause the person so held to
be discharged; and the mandate shall be sufficient authority
therefor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 818, ch. 291, Sec. 144, eff.
Sept. 1, 1981.
Art. 44.41. [863] [959] [925] Who shall take bail bond
When, by the judgment of the appellate court upon cases of habeas
corpus, the applicant is ordered to give bail, such judgment shall
be certified to the officer holding him in custody; and if such
officer be the sheriff, the bail bond may be executed before him;
if any other officer, he shall take the person detained before some
magistrate, who may receive a bail bond, and shall file the same in
the proper court of the proper county; and such bond may be
forfeited and enforced as provided by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 146, eff.
Sept. 1, 1981.
Art. 44.42. [864] [960] [926] Appeal on forfeitures
An appeal may be taken by the defendant from every final judgment
rendered upon a personal bond, bail bond or bond taken for the
prevention or suppression of offenses, where such judgment is for
twenty dollars or more, exclusive of costs, but not otherwise.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.43. [865] [961] [927] Writ of error
The defendant may also have any such judgment as is mentioned in the
preceding Article, and which may have been rendered in courts other
than the justice and corporation courts, reviewed upon writ of
error.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.44. [866] [962] [928] Rules in forfeitures
In the cases provided for in the two preceding Articles, the
proceeding shall be regulated by the same rules that govern civil
actions where an appeal is taken or a writ of error sued out.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.45. Review by Court of Criminal Appeals
(a) The Court of Criminal Appeals may review decisions of the court
of appeals on its own motion. An order for review must be filed
before the decision of the court of appeals becomes final as
determined by Article 42.045.
(b) The Court of Criminal Appeals may review decisions of the court
of appeals upon a petition for review.
(1) The state or a defendant in a case may petition the Court of
Criminal Appeals for review of the decision of a court of appeals in
that case.
(2) The petition shall be filed with the clerk of the court of
appeals which rendered the decision within 30 days after the final
ruling of the court of appeals.
(3) The petition for review shall be addressed to "The Court of
Criminal Appeals of Texas," and shall state the name of the
petitioning party and shall include a statement of the case and
authorities and arguments in support of each ground for review.
(4) Upon filing a petition for review, the petitioning party shall
cause a true copy to be delivered to the attorney representing the
opposing party. The opposing party may file a reply to the petition
with the Court of Criminal Appeals within 30 days after receipt of
the petition from the petitioning party.
(5) Within 15 days after the filing of a petition for review, the
clerk of the court of appeals shall note the filing on the record
and forward the petition together with the original record and the
opinion of the court of appeals to the Court of Criminal Appeals.
(6) The Court of Criminal Appeals shall either grant the petition
and review the case or refuse the petition.
(7) Subsequent to granting the petition for review, the Court of
Criminal Appeals may reconsider, set aside the order granting the
petition, and refuse the petition as though the petition had never
been granted.
(c) The Court of Criminal Appeals may promulgate rules pursuant to
this article.
(d) Extensions of time for meeting the limits prescribed in
Subdivisions (2) and (4) of Subsection (b) of this article may be
granted by the Court of Criminal Appeals or a judge thereof for good
cause shown on timely application to the Court of Criminal Appeals.
Added by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 147, eff. Sept.
1, 1981. Sec. (d) added by Acts 1983, 68th Leg., p. 1103, ch. 249,
Sec. 1, eff. Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch.
167, Sec. 5.02(3), eff. Sept. 1, 1987.
Art. 44.46. Reversal of Conviction on the Basis of Service on Jury
by a Disqualified Juror
A conviction in a criminal case may be reversed on appeal on the
ground that a juror in the case was absolutely disqualified from
service under Article 35.19 of this code only if:
(1) the defendant raises the disqualification before the verdict is
entered; or
(2) the disqualification was not discovered or brought to the
attention of the trial court until after the verdict was entered and
the defendant makes a showing of significant harm by the service of
the disqualified juror.
Added by Acts 1993, 73rd Leg., ch. 372, Sec. 1, eff. Sept. 1, 1993.
Art. 44.47. Appeal of transfer from juvenile court
(a) A defendant may appeal an order of a juvenile court certifying
the defendant to stand trial as an adult and transferring the
defendant to a criminal court under Section 54.02, Family Code.
(b) A defendant may appeal a transfer under Subsection (a) only in
conjunction with the appeal of a conviction of or an order of
deferred adjudication for the offense for which the defendant was
transferred to criminal court.
(c) An appeal under this section is a criminal matter and is
governed by this code and the Texas Rules of Appellate Procedure
that apply to a criminal case.
(d) An appeal under this article may include any claims under the
law that existed before January 1, 1996, that could have been raised
on direct appeal of a transfer under Section 54.02, Family Code.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 85, eff. Jan. 1, 1996.
Subsec. (b) amended by Acts 2003, 78th Leg., ch. 283, Sec. 30, eff.
Sept. 1, 2003.
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