A conviction is not always the end of the case. But the window to appeal is short, and it starts running the day the sentence is imposed.
Usually, yes, if you went to trial. An appeal is not a new trial. Think of it less like a do-over and more like an inspection: the court of appeals reads the record of what already happened and asks whether the rules were followed. If they weren't, and it mattered, the court can reverse.
After a plea bargain, the right to appeal is narrower. Under Texas Rule of Appellate Procedure 25.2(a)(2), a defendant in a plea-bargain case may appeal only matters raised by written motion and ruled on before trial, matters the trial court gives permission to appeal, or appeals a statute specifically allows. If you pleaded guilty, don't assume you have no options. Ask.
These are the deadlines as the rules state them. Missing one can end the appeal before it starts.
| Step | Deadline | Source |
|---|---|---|
| Notice of appeal (no motion for new trial) | 30 days after the sentence is imposed or suspended in open court, or after the appealable order is signed | Tex. R. App. P. 26.2(a)(1) |
| Notice of appeal (timely motion for new trial filed) | 90 days after the sentence is imposed or suspended in open court | Tex. R. App. P. 26.2(a)(2) |
| Motion for new trial | No later than 30 days after the sentence is imposed or suspended in open court | Tex. R. App. P. 21.4(a) |
| Extension of the notice deadline | Within 15 days after the deadline, with a motion reasonably explaining the need | Tex. R. App. P. 26.3 |
| Petition for discretionary review (Court of Criminal Appeals) | 30 days after the court of appeals' judgment, or after a timely motion for rehearing is overruled | Tex. R. App. P. 68.2(a) |
| Federal criminal appeal | 14 days after the judgment or the government's notice of appeal | Fed. R. App. P. 4(b)(1)(A) |
Missed the deadline? It may not be over. In some situations, a person who lost the chance to appeal through no fault of their own can ask for an out-of-time appeal through a post-conviction writ of habeas corpus.
An appeal looks only at the record. You can't bring new witnesses or new evidence to the court of appeals. Problems that don't show up in the record, like a lawyer who never investigated or evidence the State kept hidden, usually belong in a motion for new trial or a writ of habeas corpus instead.
Jonathon Muñoz worked as a court staff attorney, the person who reads the briefs and the record before the judges do. He knows what a court needs to see to rule for you, and what makes a court stop reading. The law should be something you can use, not something that is used on you. Law Nerd LLC exists to put the tools of appellate courts back within reach of the people whose lives depend on them.
Sometimes. Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure allows an appeal in a plea-bargain case of matters raised by written motion and ruled on before trial, matters the trial court permits you to appeal, or appeals a statute specifically authorizes. Other problems with a plea, like bad advice from a lawyer, may be raised through a writ of habeas corpus.
Generally 30 days after the sentence is imposed or suspended in open court. If a timely motion for new trial is filed, the deadline is 90 days (Tex. R. App. P. 26.2(a)). A 15-day extension is possible with a motion that reasonably explains the need (Rule 26.3).
Sometimes. Texas law allows bail pending appeal in some cases, but not for a felony conviction with a sentence of 10 years or more, among other limits (Tex. Code Crim. Proc. art. 44.04).
No. The court of appeals decides the case on the trial record. New evidence is usually raised in a motion for new trial or a post-conviction writ of habeas corpus.
Most appeals are handled on a flat fee quoted after reviewing the judgment and the size of the record, so you know the cost up front.
Tell me what happened and when the judgment was signed. You'll get an honest answer about your options and how much time you have.
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