Texas § CR.44.02 - The defendant's right to appeal under Article 44

§ CR.44.02. The defendant's right to appeal under Article 44

The defendant's right to appeal under Article 44.02 may be prosecuted by the defendant where the punishment assessed is in accordance with Subchapter C, Chapter 42A, as well as any other punishment assessed in compliance with Article 44.02. (k) The state is entitled to appeal an order granting relief to an applicant for a writ of habeas corpus under Article 11.072. (l) The state is entitled to appeal an order entered under: (1) Subchapter G or H, Chapter 62, that exempts a person from complying with the requirements of Chapter 62; and (2) Subchapter I, Chapter 62, that terminates a person's obligation to register under Chapter 62. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 123, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 382, Sec. 1; Subsec. (a) amended by Acts 2003, 78th Leg., ch. 13, Sec. 7, eff. Sept. 1, 2003. Subsec. (k) added by Acts 2003, 78th Leg., ch. 587, Sec. 2, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1008 (H.B. 867 ), Sec. 1.04, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1038 (H.B. 1801 ), Sec. 2, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 2.18, eff. January 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 15, eff. September 1, 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Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, the proviso in this article was repealed. Art. 44.02. DEFENDANT MAY APPEAL. 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. 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.