What Is a Criminal Appeal in Texas? A Step-by-Step Guide

A criminal conviction does not always mark the end of a case. In Texas, a person found guilty of a crime has the right to challenge the outcome through a criminal appeal. But an appeal is not a second trial. It is a legal review process focused on identifying errors that may have affected the verdict or sentence.

If you or a loved one is considering a criminal appeal in Texas, understanding how the process works — and what it can realistically accomplish — is critical. This guide explains the Texas criminal appeals process step by step, including timelines, legal standards, and possible outcomes.

A criminal appeal is a formal request asking a higher court to review what happened in the trial court. The appellate court does not hear new testimony or retry the case. Instead, it reviews the written record of the trial to determine whether legal mistakes occurred.

Appeals focus on legal errors, not factual disagreements. The key question is whether something went wrong in the legal process that may have affected the fairness or outcome of the trial.

Common issues raised in Texas criminal appeals include:

• Improper admission or exclusion of evidence
• Incorrect jury instructions
• Prosecutorial misconduct
• Judicial errors
• Constitutional violations
• Ineffective assistance of counsel

If the appellate court finds that a significant error occurred and harmed the defendant’s rights, it may reverse the conviction, order a new trial, or modify the sentence.

The first step in the Texas criminal appeal process is filing a Notice of Appeal. This document informs the trial court and opposing counsel that the defendant intends to challenge the conviction.

In most Texas criminal cases, the notice must be filed within 30 days after sentencing. If a motion for new trial is filed, the deadline may extend to 90 days. Missing this deadline can permanently forfeit the right to appeal.

This stage is procedural but crucial. Without a timely notice, the appellate courts generally lack jurisdiction to review the case.

After the notice is filed, the official trial record is prepared. This includes:

• The clerk’s record (motions, filings, court rulings)
• The reporter’s record (trial transcripts)

The appellate court bases its decision entirely on this record. No new evidence is introduced. For this reason, preserving objections during trial is extremely important. If trial counsel failed to object to an issue, it may be difficult to raise that issue on appeal.

This stage can take several months depending on transcript length and court backlog.

The appellate brief is the foundation of a criminal appeal. It is a written legal argument explaining why the conviction or sentence should be reversed or modified.

In Texas, the appellant (the person appealing) files the first brief. This document identifies specific legal errors and cites statutes, constitutional provisions, and case law supporting the argument.

The prosecution then files a response brief defending the conviction. In some cases, a reply brief may follow.

Strong appellate briefs are analytical and precise. They must demonstrate not only that an error occurred, but that the error was harmful and affected the outcome of the case. Appellate courts apply specific standards of review when evaluating claims, and understanding these standards is critical to success.

Not all Texas criminal appeals include oral argument. The appellate court may decide the case based solely on written briefs.

If oral argument is granted, attorneys appear before a panel of judges to answer questions and clarify legal points. This is not an opportunity to present new evidence. It is a focused legal discussion about the issues raised in the briefs.

Oral argument can be influential, particularly in complex or precedent-setting cases.

After reviewing the record and briefs, the appellate court issues a written opinion. This decision can take several months, and sometimes longer in complicated cases.

Possible outcomes include affirming the conviction, reversing the conviction, ordering a new trial, modifying the sentence, or remanding the case back to the trial court for further proceedings.

If the conviction is affirmed, additional options may still exist, including filing a Petition for Discretionary Review with the Texas Court of Criminal Appeals.

In Texas, most criminal appeals begin in one of the fourteen Courts of Appeals located throughout the state. These intermediate appellate courts review felony and misdemeanor convictions.

The highest criminal court in Texas is the Texas Court of Criminal Appeals. This court has discretionary review authority, meaning it chooses which cases to hear.

Federal criminal appeals follow a different process. For cases originating in Texas federal district courts, appeals go to the United States Court of Appeals for the Fifth Circuit.

Understanding which court has jurisdiction over the appeal is essential to following proper procedures and deadlines.

Not every unfavorable outcome qualifies for appeal. The appellate court looks for legal error. Common grounds include:

• Improper admission of evidence. If evidence was admitted in violation of constitutional protections, such as unlawful search and seizure, it may form the basis of an appeal.
• Incorrect jury instructions. If the judge gave misleading or legally inaccurate instructions, it could affect the verdict.
• Insufficient evidence. In some cases, the evidence presented at trial may be legally insufficient to support a conviction.
• Ineffective assistance of counsel. Under constitutional standards, a defendant has the right to competent legal representation. If trial counsel’s performance was deficient and prejudicial, this may justify relief.
• Prosecutorial misconduct. Withholding exculpatory evidence or making improper arguments can be grounds for reversal.

Each ground must be carefully analyzed under the applicable standard of review.

Many people ask, “How long does a criminal appeal take in Texas?” The honest answer is that it varies.  A straightforward appeal may take 6 to 12 months. More complex cases can take longer than a year. Factors affecting timeline include transcript preparation, court backlog, briefing extensions, and the complexity of legal issues.

Appeals require patience. They move at a slower pace than trial proceedings, but they are often the only mechanism to correct serious legal errors.

If the appellate court reverses a conviction, several outcomes are possible.

• The court may order a new trial. This means the prosecution can retry the case, though strategic decisions must be made about how to proceed.
• The court may modify the sentence if the issue relates solely to punishment.
• In rare cases, the court may render a judgment of acquittal if evidence was legally insufficient.

A successful appeal does not automatically end the legal battle, but it can dramatically change the trajectory of a case.

If the Court of Appeals affirms the conviction, additional remedies may still exist.

A Petition for Discretionary Review may be filed with the Texas Court of Criminal Appeals. This court selects cases involving important legal issues or conflicts in the law.

After direct appeal concludes, post-conviction relief through habeas corpus may be available. Habeas proceedings allow defendants to raise constitutional claims that were not fully addressed on direct appeal.

In federal cases, defendants may pursue relief under 28 U.S.C. § 2255.

Each stage has strict procedural rules and deadlines.

A direct criminal appeal reviews errors that occurred during trial. It is based on the existing trial record.

Habeas corpus is a separate post-conviction process that can raise constitutional claims, including ineffective assistance of counsel, newly discovered evidence, or violations not apparent in the original record.

Understanding the distinction is critical when evaluating legal strategy after a conviction.

Appellate advocacy differs significantly from trial work. It is research-driven, writing-intensive, and focused on legal precision. Success often depends on identifying subtle legal errors and framing them within established appellate standards.  An experienced Texas criminal appeals lawyer understands how appellate courts think, how standards of review operate, and how to craft persuasive written arguments.

Because appellate courts defer to trial courts in many areas, appeals require strategic issue selection. Raising too many weak issues can dilute strong arguments.

Time is critical. The window to file a notice of appeal can close quickly. Consulting appellate counsel immediately after sentencing ensures deadlines are met and issues are preserved.

If you believe legal errors affected your conviction or sentence, seeking experienced guidance is essential.

A criminal appeal in Texas is a structured legal process designed to correct significant legal errors. It is not a second chance to present new evidence or relitigate the case. Instead, it is a focused review of whether the trial court proceedings complied with the law.

From filing the notice of appeal to briefing, oral argument, and final opinion, each step requires precision and strict adherence to procedural rules.

If you or someone you care about has been convicted and believes legal errors occurred, understanding the appeals process is the first step toward protecting your rights.

Appeals are complex. Deadlines are unforgiving. But when handled properly, they can make a profound difference in the outcome of a criminal case.