Tex. R. App. P. 78 · FIVE. PROCEEDINGS IN THE COURT OF CRIMINAL APPEALS
Judgments in the Court of Criminal Appeals
Text — Updated with Amendments Effective February 6, 2026
78.1. Types of Judgment
The Court of Criminal Appeals may:
(a) affirm the lower court’s judgment in whole or in part;
(b) modify the lower court’s judgment and affirm it as modified;
(c) reverse the court’s judgment in whole or in part and render the judgment that the lower court should have rendered;
(d) reverse the lower court’s judgment and remand the case for further proceedings;
(e) vacate the judgments of the lower courts and dismiss the case;
(f) vacate the lower court’s judgment and remand the case for further proceedings in light of changes in the law; or
(g) dismiss the appeal.
78.2. Remand in the Interests of Justice
When reversing the court of appeals' judgment, the Court of Criminal Appeals may, in the interests of justice, remand the case to the trial court even if a rendition of judgment is otherwise appropriate.
78.3. Other Orders
The Court of Criminal Appeals may make any other appropriate order required by the law and the nature of the case.
Notes and commentary — not rule text
Notes and Comments
Comment to 1997 change: The rule is new.
Source of truth
- Edition
- Updated with Amendments Effective February 6, 2026
- Official file
- https://www.txcourts.gov/media/1463134/texas-rules-of-appellate-procedure-02062026.pdf (PDF pages 111–112)
- Text hash
- sha256 0a23d9b4b8a99d5264624d6eb373f3f23cf22a94ad4f583149e989b03c09ed19
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.