Tex. Code Crim. Proc. art. 44.02 · Chapter 44. APPEAL AND WRIT OF ERROR
DEFENDANT MAY APPEAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, the proviso in this article was repealed.
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.
Notes and commentary — not statutory text
History
Added by Acts 1965, 59th Leg., Ch. 722 (S.B. 107), Sec. 1, eff. January 1, 1966. Amended by Acts 1977, 65th Leg., Ch. 351 (S.B. 334), Sec. 1, eff. August 29, 1977.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.44.htm
- Text hash
- sha256 f82d2b668fe28fd588e1f8bcdad99b3c7125d8b2b896b79b44f633489a45f7a1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Code of Criminal Procedure
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