What is the procedure for appealing a criminal sentence?

In Texas, criminal appeals are heard by the Texas Court of Criminal Appeals, the highest criminal appellate court in the state. There are several steps involved in appealing a criminal sentence. First, the defendant must file a notice of appeal with the trial court within 30 days of the date of the judgment. This informs the court that the defendant wishes to appeal. The defendant must also file a formal written motion or brief with the trial court within 90 days of the date of the judgment. The motion or brief explains why the defendant believes the trial court made an error in the conviction or sentence. Next, the trial court reviews the written motion and briefs filed by the defendant and renders a decision. If the trial court rules in favor of the defendant, the sentence may be changed. If the trial court denies the appeal, the decision is then automatically appealed to the Texas Court of Criminal Appeals. The Texas Court of Criminal Appeals reviews the appeal and may review the record from the original trial. The court may then request additional briefs from both sides. After review, the court may rule in the defendant’s favor or uphold the trial court’s decision. In some cases, the defendant may have a right of appeal to the United States Supreme Court. This occurs after the Texas Court of Criminal Appeals upholds the original conviction and sentence. The appeals process may be complicated and lengthy, so it is important for those pursuing an appeal to understand the specific procedures in the state of Texas. Consulting with an experienced criminal defense attorney may be beneficial in navigating the appeals process.

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What is the procedure for appealing a criminal sentence?

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