Texas Criminal Appeals

Jessica Graf Law >> Direct Appeals in Texas Courts

Why Work With Me on Your Texas State Criminal Appeal?

Before going into private practice, I served as a Briefing Attorney to two judges on the Texas Court of Criminal Appeals (“CCA”). The CCA is the Texas’ highest criminal court.

Through working hundreds of criminal appeals, I gained unique insight into how Texas appellate judges evaluate cases.

I use that insight to guide my work on Texas criminal appeals, focusing on judge-friendly briefing and clear, honest communication with you about your odds and the road ahead.

What Is a Texas Criminal Appeal?

A Texas criminal appeal is a legal process through which a defendant asks a higher court to review certain alleged errors made by a lower court.

Unlike a trial, an appeal generally does not involve presenting the entire case again. The appellate court reviews the record developed in the trial court, including documents, motions, rulings, exhibits, and the court reporter’s record, and determines whether the law was properly applied.

The purpose of an appeal is therefore not simply to argue that the defendant was unhappy with the outcome. Instead, an appellate lawyer must identify a legally recognizable issue and explain why the error requires relief under the applicable Texas law and standard of review.

A defendant can believe that a trial was unfair, a sentence was too harsh, or a judge made a mistake. But an appellate court does not automatically reverse a conviction simply because an error occurred. The legal significance of the error, whether the issue was preserved for appeal, and the applicable standard of review can all affect the outcome.

Can You Appeal a Criminal Conviction in Texas?

Generally, a defendant who has been convicted in a Texas criminal case has a right to appeal, subject to the Texas Constitution, statutes, and Rules of Appellate Procedure. However, the scope of the right to appeal can depend on how the case was resolved.

Texas appellate rules place specific limitations on appeals following certain plea bargains. In a plea-bargained case in which the defendant pleaded guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the defendant’s ability to appeal can be limited to certain matters raised before trial or matters for which the trial court gave permission to appeal.

This is one reason it is important not to assume that every conviction presents the same appellate options. The trial court should also enter a certification concerning the defendant’s right to appeal.

What Can You Appeal in a Texas Criminal Case?

A criminal appeal may involve many different types of alleged legal error. The specific issues available depend on what happened in the trial court and what the record shows. Some common potential appellate issues include:

Jury-charge error

A jury charge contains the instructions the jury receives concerning the law it must apply. An appeal may challenge an incorrect or incomplete jury instruction, including circumstances in which a defensive issue should have been submitted to the jury.

Insufficient evidence

An appeal may challenge whether the evidence was legally sufficient to support a conviction. The appellate court examines the evidence under the applicable legal standard to determine whether it supports the required elements of the offense. This is different from arguing that the jury should have believed one witness instead of another.

Improper admission or exclusion of evidence

Evidence issues can also become grounds for appellate review. Examples can include challenges involving:

• Hearsay
• Constitutional evidence issues
• Improperly admitted evidence
• Improperly excluded defense evidence
• Other evidentiary rulings

Whether an evidentiary ruling can support reversal depends on the applicable law, the objection, the trial record, and whether the error caused legally significant harm.

Prosecutorial misconduct or improper argument

An appellate lawyer may examine whether the prosecutor made improper statements during closing argument or elsewhere in the proceeding. Potential issues can include arguments that go beyond the evidence or improperly express personal opinions.

Sentencing errors

A criminal appeal may also challenge errors relating to punishment, including a sentence outside the lawful range or improper evidence or procedures during the punishment phase. The question is whether the sentence or the process used to impose it violated applicable law.

Errors in trial-court rulings

An appellate attorney may review the record for legal errors involving motions, objections, constitutional issues, jury selection, evidentiary decisions, and other trial-court rulings. The important question is whether the error is legally reviewable and whether it provides a basis for relief.

What Is the Deadline to File a Texas Criminal Appeal?

The deadline is one of the most important things to understand after a Texas criminal conviction. Under Texas Rule of Appellate Procedure 26.2, a defendant generally must file a notice of appeal:

• Within 30 days after the sentence is imposed or suspended in open court, or after the trial court enters an appealable order; or
• Within 90 days after sentencing when the defendant timely files a motion for a new trial.

Texas Rule of Appellate Procedure 26.3 provides a limited extension mechanism when the required filings are made within the applicable extension period. Because missing an appellate deadline can have serious consequences, someone who wants to appeal should not wait until the deadline is approaching to begin investigating the case.

What if the deadline has already passed?

A missed deadline does not necessarily mean that every possible remedy has disappeared. In some circumstances, post-conviction proceedings may provide a potential avenue for obtaining an out-of-time appeal. Texas courts have recognized such relief in appropriate cases.

However, an out-of-time appeal is not automatic. The available remedy depends on the specific facts and procedural history. If the deadline may have passed, it is especially important to speak with a criminal appellate attorney promptly rather than assuming that nothing can be done.

Where Does a Texas Criminal Appeal Go?

Texas has intermediate courts of appeals that review criminal cases from the trial courts within their respective geographic regions. The Texas Court of Criminal Appeals is Texas’s highest court for criminal cases.

A typical direct appeal therefore begins in the appropriate Texas Court of Appeals. After an intermediate appellate court issues a decision, a party may, in appropriate circumstances, seek further review by the Texas Court of Criminal Appeals. Review by the Court of Criminal Appeals is not simply another automatic appeal; it is governed by specific procedures and standards.

What Happens During a Texas Criminal Appeal?

Although every appeal is different, the process generally involves several important stages.

1. Notice of appeal

The first step is protecting the defendant’s appellate rights by timely filing the required notice of appeal. This is why the appellate deadline should be addressed immediately after sentencing.

2. Preparation of the appellate record

The appellate court needs the record from the trial court. This can include the clerk’s record and the reporter’s record, including relevant transcripts and other materials from the proceedings.

3. Identifying appellate issues

An appellate lawyer reviews the record for potentially reversible error and determines which issues can properly be presented. Not every mistake belongs in an appellate brief. Strong appellate advocacy requires identifying the issues that are legally supported by the record and framing them under the correct law and standard of review.

4. Writing the appellate brief

The appellate brief is the primary written argument presented to the court. A strong brief explains what happened, what legal rule applies, what the trial court did incorrectly, why the issue is preserved or otherwise reviewable, why the error matters, and what relief the defendant is asking the appellate court to provide.

5. The State’s response

The State generally has an opportunity to respond to the defendant’s arguments. The defendant may then have an opportunity to file a reply, depending on the applicable rules and circumstances.

6. Oral argument

In some appeals, the court may hear oral argument. Not every appeal involves oral argument, and an appellate court may decide a case based on the written submissions and record.

7. The appellate court’s decision

The court may affirm the judgment, reverse it, modify it, remand the case for further proceedings, or provide another form of relief authorized by law.

Is a Texas Criminal Appeal a New Trial?

No. A direct criminal appeal is not a new trial. The appellate court does not hear new witnesses testify or allow the parties to present an entirely new body of evidence. Instead, the court reviews the existing record and determines whether reversible legal error occurred.

That means the appellate record matters. What was said, what objections were made, what motions were filed, what evidence was admitted, and what rulings the trial judge made can all become important when an appellate court reviews the case.

Why Does Error Preservation Matter?

In many circumstances, a defendant must have properly raised an objection or request in the trial court before the issue can be successfully raised on appeal. For example, if a defendant believes that evidence should not be admitted, trial counsel needs to make a timely and specific objection.

If an alleged error was not preserved, the appellate court may apply a different standard or may be unable to provide the requested relief. An appellate attorney does not simply ask, “Was there a mistake?” The attorney also asks:

• Was the issue preserved?
• What exactly did trial counsel say?
• What did the judge rule?
• What does the record establish?
• What standard of review applies?
• Was the error harmful?
• What remedy is legally available?

What Is the Standard of Review?

The standard of review is the legal framework an appellate court uses when evaluating a particular issue. Different appellate issues can receive different standards of review. The analysis of an evidentiary ruling may differ from the analysis of a legal question or a sufficiency-of-the-evidence challenge.

A successful appellate argument therefore requires more than identifying an error. It requires explaining why the appellate court should review the issue under the applicable standard and why the record satisfies that standard.

What Does an Appellate Lawyer Look for in the Record?

A criminal appellate attorney should examine the entire appellate record for issues that could affect the outcome. That review can include:

• The indictment or charging instrument
• Pretrial motions
• Motions to suppress
• Evidentiary rulings
• Jury selection
• Trial testimony
• Jury instructions
• Objections
• Closing arguments
• Sentencing proceedings
• Exhibits
• Written orders
• The judgment
• The trial court’s certification of the right to appeal
• Other portions of the clerk’s and reporter’s records

The goal is not simply to find the largest number of possible arguments. The goal is to identify the strongest legally supportable issues and present them clearly.

How Long Does a Texas Criminal Appeal Take?

There is no single timeline that applies to every criminal appeal. The duration can depend on factors such as:

• The complexity of the record
• The number and complexity of appellate issues
• The briefing schedule
• Whether oral argument is requested or granted
• The court’s docket
• Whether additional proceedings occur
• Whether further review is sought

Because of these variables, an attorney generally cannot promise a specific timeline without reviewing the case.

What Can Happen After a Criminal Appeal?

Affirm the conviction

The appellate court may determine that the trial court did not commit reversible error and leave the judgment in place.

Reverse the conviction

If the appellate court determines that a legally significant error requires reversal, the conviction may be reversed.

Remand for further proceedings

A case may be sent back to the trial court for additional proceedings. Depending on the circumstances, a remand can result in a new trial or another proceeding addressing the issue identified by the appellate court.

Modify the judgment or sentence

In some circumstances, an appellate court may modify the judgment or provide other appropriate relief. The remedy depends on the particular error and the governing law.

Can You Appeal a Plea Bargain in Texas?

Sometimes, but the answer depends heavily on the type of plea agreement and what happened before and during the plea. Texas rules impose specific limitations on appeals following certain plea bargains.

A defendant who pleaded guilty or nolo contendere as part of a plea bargain generally cannot assume that every issue is available for appeal. Certain matters may be appealable if they were raised by written motion before trial, or if the trial court granted permission to appeal. An attorney should review the plea paperwork, written motions, trial court’s certification, and judgment before determining what issues may be available.

What Is the Difference Between a Direct Appeal and Habeas Corpus?

A direct appeal generally asks an appellate court to review alleged errors reflected in the trial-court record. Habeas corpus is a separate form of post-conviction relief that can be available in particular circumstances.

For some claims, especially claims that depend on evidence or information outside the existing trial record, post-conviction proceedings may be more appropriate than a direct appeal. The correct procedural vehicle depends on the nature of the claim, the procedural history, and the applicable law.

Should You Appeal If You Think Your Lawyer Made a Mistake?

Potentially, but this requires careful analysis. A claim involving ineffective assistance of counsel can involve complicated legal and factual questions. Some issues can be evaluated from the existing appellate record. Others may require evidence outside the record and may be better suited to a post-conviction proceeding.

What Should You Do Immediately After a Texas Criminal Conviction?

If you are considering an appeal, the most important thing is to act quickly.

Preserve the deadline

Determine the date the sentence was imposed or the appealable order was entered and whether a motion for new trial was filed. Do not assume you have 30 days without confirming how the deadline applies to your particular case.

Obtain the case documents

Gather the judgment, sentencing paperwork, plea documents if applicable, motions, orders, and other available records.

Contact an appellate lawyer

A criminal appellate lawyer can evaluate whether there are potentially viable issues and determine what needs to happen to protect your appellate rights.

Do not wait for the entire case file before asking for help

The deadline to preserve an appeal can arrive before an attorney has completed a full review of the case. Protecting the appellate deadline and evaluating the merits are separate steps.

Common Mistakes People Make After a Texas Criminal Conviction

• Waiting too long. Appellate deadlines are strict. Waiting can put the right to appeal at risk.
• Treating an appeal like a new trial. An appeal is based primarily on the existing record, so the strategy is different from trial strategy.
• Assuming every mistake is reversible. An error must be legally reviewable and significant enough to warrant relief under the applicable law.
• Ignoring preservation. Whether trial counsel objected, what the objection was, and how the trial court responded can be critical.
• Choosing issues based only on emotion. Appellate briefing must focus on legally supportable issues grounded in the record.
• Assuming a plea means there is no possible appeal, or that everything can be appealed. The appellate rights associated with a plea depend on the circumstances and applicable rules.

Why Experience in Criminal Appeals Matters

Criminal appellate work is different from ordinary trial litigation. An appellate lawyer must be comfortable working with lengthy records, identifying preserved legal issues, researching the governing law, applying the correct standard of review, and presenting arguments in a form that helps an appellate court decide the case.

Jessica Graf Law focuses exclusively on criminal appeals and post-conviction relief. The firm’s Texas criminal appeals practice specifically addresses issues including jury-charge error, insufficient evidence, prosecutorial misconduct, evidentiary and other legal errors, and sentencing errors.

When Should You Contact a Texas Criminal Appellate Attorney?

If you have recently been convicted or sentenced in a Texas criminal case and are considering an appeal, do not wait to seek legal advice. The first question is often not whether you ultimately will win the appeal. It is whether you can and should take immediate steps to preserve your appellate rights.

Once the deadline is protected, an appellate attorney can examine the trial record, identify potential legal errors, evaluate preservation and harm, and determine which appellate strategy makes sense for your particular case.

About Jessica Graf

Jessica Graf is a Texas and federal criminal appellate attorney and a Board Certified® specialist in Criminal Appellate Law.

Before entering private practice, Jessica served as a Briefing Attorney to two judges on the Texas Court of Criminal Appeals, Texas’s highest court for criminal cases. That experience included working on hundreds of criminal appeals and gave her insight into how Texas appellate judges evaluate cases.

Jessica later served as an Assistant Federal Public Defender, where she handled complex criminal appellate and post-conviction matters, including death penalty cases. She has written and argued more than 100 briefs in criminal appellate matters, ranging from felony convictions to punishment-only remands.

She earned her J.D. from Texas Tech University School of Law in 2014. The State Bar of Texas lists her practice areas as Criminal and Appellate: Criminal and confirms that she is eligible to practice in Texas.

Jessica Graf Law maintains a deliberately small caseload and focuses its practice on federal and Texas criminal appeals and post-conviction matters. The firm offers a free 30-minute intake call to assess whether it may be able to help with a Texas criminal appeal.

Jessica Graf, PLLC
11430 Quaker Avenue, Ste 200 PMB 1027
Lubbock, Texas 79424
(806) 370-8006
jessica@jessicagraflaw.com

This article is intended for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Texas appellate rules and deadlines can change, and the law applicable to an individual case depends on its particular facts and procedural history. A qualified attorney should review your case before you rely on any deadline or legal conclusion.

Frequently Asked Questions About Texas Criminal Appeals

How long do I have to appeal a criminal conviction in Texas?

Generally, a defendant has 30 days after sentencing or entry of an appealable order to file a notice of appeal. If a timely motion for a new trial is filed, the deadline is generally 90 days. Specific circumstances can affect the calculation, so the deadline should be confirmed immediately.

Can I appeal after 30 days?

Possibly, depending on the circumstances. Certain procedures may allow an extension or, in appropriate cases, post-conviction relief that results in an out-of-time appeal. These remedies are not automatic and require case-specific analysis.

Does filing an appeal stop my sentence?

Not necessarily. The effect of an appeal on custody, bond, and execution of a sentence depends on the circumstances of the case and applicable law.

Can I appeal a guilty plea?

Sometimes. The available appellate issues can be significantly limited following certain plea bargains. The plea agreement, pretrial motions, trial court’s permission to appeal, and other circumstances must be reviewed.

Can I appeal my sentence?

Potentially. A sentencing appeal may involve an allegedly unlawful sentence, improper sentencing procedures, or other legally recognizable sentencing error.

Can I appeal because I believe the jury made the wrong decision?

Simply disagreeing with the jury’s decision is generally not enough. An appellate challenge must identify a legally recognized basis for relief, such as a sufficiency-of-the-evidence issue or reversible legal error.

Can new evidence be introduced during a direct appeal?

A direct appeal focuses on the existing trial record rather than functioning as a new trial with new witnesses and evidence.

What if my trial lawyer failed to object?

The answer depends on the specific issue, what occurred at trial, and the applicable preservation rules. In some situations, lack of an objection can affect whether an issue is reviewable on direct appeal. Other claims may require a post-conviction proceeding.

Do I have to hire an appellate lawyer?

You have the right to represent yourself in certain legal proceedings, but criminal appellate practice is highly technical. An attorney experienced in criminal appellate law can evaluate the record, identify potential issues, and navigate the applicable appellate rules.

How much does a Texas criminal appeal cost?

The cost varies depending on the complexity of the case, the size of the record, the issues involved, and the work required. An attorney can provide information about fees after learning more about the case.

How long will my appeal take?

There is no universal timeline. The length of an appeal depends on the record, briefing, the court’s schedule, oral argument if applicable, and whether further review is sought.

What happens if the appellate court reverses my conviction?

The remedy depends on the reason for reversal. The appellate court may reverse the judgment, remand the case for further proceedings, order a new trial, modify the judgment, or provide another form of relief authorized by law.

What if the Court of Appeals rules against me?

Depending on the case and the nature of the decision, further review may be available through the Texas Court of Criminal Appeals. Further review is governed by specific procedural requirements and is not automatically granted.

Is an appeal worth pursuing?

That depends on the record and the legal issues available in your case. A good appellate evaluation should identify the potential issues, explain their strengths and weaknesses, and give you a realistic understanding of the possible paths forward.

Core Values & Approach

Here are the principles that guide our work.

I examine every page of the Texas record on appeal—the clerk’s and reporter’s records—to spot preserved, reversible error and frame it under the correct Texas standard of review.

After my time as a Briefing Attorney for the Texas Court of Criminal Appeals, I served as an Assistant Federal Public Defender. I’ve argued and written 100+ briefs in criminal appellate matters—from felony convictions to punishment‑only remands.

I recognize a criminal appeal isn’t just a case—it’s your freedom, your family, and your future. I take time to understand your story, explain each step of the Texas appeals process in plain English, and keep you informed.

I don’t shy away from tough records or close preservation fights. Whether it’s challenging a harsh sentence, harmful jury‑charge error, or improper evidence, I confront these issues head‑on.