APPROVAL OF REVISIONS TO
TEXAS RULES OF APPELLATE PROCEDURE
APPROVAL OF REVISIONS TO THE
1. The Texas Rules of
Appellate Procedure are amended as follows:
Rule 25.2 is amended without
New Rule 48.4 is adopted;
Appendix: Certification of Defendant's Right of Appeal is amended.
2. These amendments, with any changes made after public comments are received, take effect September 1, 2007.
4. The Clerk is directed to
file an original of this Order with the Secretary of State forthwith, and to
cause a copy of this Order to be mailed
to each registered member of the State Bar of Texas by publication in the Texas Bar Journal.
SIGNED AND ENTERED this 2nd day of May,
Sharon Keller, Presiding Judge
Lawrence E. Meyers, Judge
Tom Price, Judge
Paul Womack, Judge
Cheryl Johnson, Judge
Michael Keasler, Judge
Barbara Hervey, Judge
Charles Holcomb, Judge
Cathy Cochran, Judge
(a) Rights to Appeal. [no change]
(b) Perfection of Appeal.[no change]
(c) Form and Sufficiency of
Notice. [no change]
(d) Certification of Defendant's Right of Appeal. If the defendant is the appellant, the record must include the trial court's certification of the defendant's right of appeal under Rule 25.2(a)(2). The certification shall include a notice that the defendant has been informed of his rights concerning an appeal, as well as any right to file a pro se petition for discretionary review. This notification shall be signed by the defendant, with a copy given to him. The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation under this rule or Rule 34.5(c)(1) or Rule 37.1 or by order of the appellate court under Rule 34.5(c)(2). The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.
(e) Clerk's Duties. [no change]
(f) Amending the Notice or Certification. An amended notice of appeal or trial court's certification of the defendant's right of appeal correcting a defect or omission in an earlier filed notice or certification, including a defect in the notification of the defendant's appellate rights, may be filed in the appellate court in accordance with Rule 37.1, or at any time before the appealing party's brief is filed if the court of appeals has not used Rule 37.1. The amended notice or certification is subject to being struck for cause on the motion of any party affected by the amended notice or certification. After the appealing party's brief is filed, the notice or certification may be amended only on leave of the appellate court and on such terms as the court may prescribe.
(g) Effect of Appeal. [no change]
(h) Advice of Right of Appeal. When a court enters a judgment or other appealable order and the defendant has a right of appeal, the court (orally or in writing) shall advise the defendant of his right of appeal and of the requirements for timely filing a sufficient notice of appeal.
In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's right to file a pro se petition for discretionary review under Rule 68. This notification shall be sent certified mail, return receipt requested, to the defendant at his last known address. The attorney shall also send the court of appeals a letter certifying his compliance with this rule and attaching a copy of the return receipt within the time for filing a motion for rehearing. The court of appeals shall file this letter in its record of the appeal.
The State of
In the _________ Court
_________________ County, Texas