(a) An appeal is perfected when the appeal bond has been filed:
(1) with the justice or judge who tried the case; and
(2) not later than the 10th day after the date the judgment was entered.
(b) If an appeal bond is not timely filed, the appellate court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence.

Terms Used In Texas Code of Criminal Procedure 45A.203

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(c) The amount of an appeal bond may not be less than the greater of:
(1) twice the amount of the fine and costs adjudged against the defendant; or
(2) $50.
(d) If an appeal bond otherwise meets the requirements of this code, the court, without requiring a court appearance by the defendant, shall approve the appeal bond in the amount the court notified the defendant would be approved under Article 27.14(b).
(e) An appeal bond must be made payable to the State of Texas and must:
(1) state that the defendant was convicted in the case and has appealed; and
(2) be conditioned on the defendant:
(A) making a personal appearance before the court to which the appeal is taken:
(i) immediately, if the court is in session; or
(ii) if the court is not in session, at the next regular term of the court, provided that the bond states the time and place of that session; and
(B) remaining at the court from day to day and term to term to answer in the case.


Text of article effective on January 01, 2025

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