Can I appeal a sentence that is within the statutory range?

In Texas, the answer is typically no. According to the Texas criminal statutes, if a sentence is within the statutory range for the offense, then there is no right to appeal the sentence. The appellate court generally will not overturn a sentence that falls within the prescribed range established by law. However, while you cannot appeal the sentence itself, you may still be able to challenge the legality of the sentence. If there is a constitutional violation or some kind of error that affects your ability to receive a fair sentence, then you may be able to appeal the sentence. This includes if the judge failed to consider mitigating circumstances, ignored evidence, or based the sentence on incorrect information. Additionally, if a sentence that is within the range is found to be excessive and clearly disproportionate to the offense and the punishment, it may be subject to review by an appeals court. This is a fairly rare occurrence, but it is possible that a sentence deemed too long or too severe could be overturned on appeal. In summary, while you cannot appeal a sentence that falls within the statutory range in Texas, you may still have options available to challenge the legality or disproportionate severity of the sentence.

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