San Antonio, TX asked in Criminal Law and Appeals / Appellate Law for Texas

Q: What options exist when TRAP Rule 25.2(a)(2)(d) requires a case be dismissed but the CoA issues a mandate anyway?

The verdict was affirmed by the CoA, so it would be to the Defendant’s advantage to void the appeal. Mandate issued 3 or so years ago. Is there an option for addressing the issue besides a habeas writ?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This doesn't slant the way you seem to think it does. The rule says: "If the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal [...] 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."

In other words, it is a trap to make the defendant automatically lose their appeal without consideration. An appeal is not a D-I-Y project. Either hire an appeals attorney or save money until you can. Doing it yourself or with the help of a writ writer will probably just blow your chance.

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