Texas § GV.30.00024 - DISPOSITION ON APPEAL

§ GV.30.00024. DISPOSITION ON APPEAL

DISPOSITION ON APPEAL. (a) According to the law and the nature of the case, the appellate court may: (1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; or (4) reform and correct the judgment. (b) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the clerk's record or reporter's record, the appellate court shall presume that: (1) venue was proven in the trial court; (2) the jury, if any, was properly impaneled and sworn; (3) the defendant was arraigned and pleaded to the complaint; and (4) the municipal judge certified the charge before it was read to the jury. (c) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or overruling each assignment of error presented. The court shall set forth the reasons for its decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered. (d) The appellate court may determine the rules for oral argument. The parties may submit the case on the record and briefs without oral argument. Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987. Renumbered from Government Code Sec. 30.502 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered from Sec. 30.00022 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 37 (S.B. 1014 ), Sec. 7, eff. May 9, 2005.