Q: My son was convicted in trial court and was sentenced to fifty years. On appeal he was Acquitted. What happens next.

A: No one can be acquitted on appeal. The appeals court can reverse the judgment of conviction and then it is up to the county prosecutor to decide if he/she will reprosecute the case.

A: The most obvious consideration for me is your son must have an appellate attorney who can answer this question, so I refer you to your son, recommending he consult with his attorney on this matter.

I hate to contradict my colleague who answered this question before me, but appellate courts in Texas can and occasionally do acquit. I've had it happen. The terminology is "reversed and RENDERED" with a finding of "not guilty", as opposed to the normal "reversed and remanded", remanded meaning the case is sent back to the previous court.

I've had a case reversed and rendered "not guilty" because the trial court erroneously overruled my motion for a directed verdict of not guilty after the state failed to prove all the elements of the offense. The appellate court found the trial judge should have granted my motion, so my client was found "not guilty". The state did not appeal further.

If your son was found "not guilty" by the appellate court, the state has the opportunity to ask the court to reconsider the ruling or to appeal the decision to a higher court, or both.

If the state elects not to challenge the ruling of the appellate court, the verdict should be final, meaning nothing further happens.

If the case is final, expunction of the entire matter is appropriate.