Texas Code of Criminal Procedure 46C.270 – Appeals
(a) An acquitted person may appeal a judgment reflecting an acquittal by reason of insanity on the basis of the following:
(1) a finding that the acquitted person committed the offense; or
(2) a finding that the offense on which the prosecution was based involved conduct that:
(A) caused serious bodily injury to another person;
(B) placed another person in imminent danger of serious bodily injury; or
(C) consisted of a threat of serious bodily injury to another person through the use of a deadly weapon.
(b) Either the acquitted person or the state may appeal from:
(1) an Order of Commitment to Inpatient Treatment or Residential Care entered under Article 46C.256;
(2) an Order to Receive Outpatient or Community-Based Treatment and Supervision entered under Article 46C.257 or 46C.262;
(3) an order renewing or refusing to renew an Order for Inpatient Commitment or Outpatient or Community-Based Treatment and Supervision entered under Article 46C.261;
(4) an order modifying or revoking an Order for Outpatient or Community-Based Treatment and Supervision entered under Article 46C.266 or refusing a request to modify or revoke that order; or
(5) an order discharging an acquitted person under Article 46C.268 or denying a request for discharge of an acquitted person.
Terms Used In Texas Code of Criminal Procedure 46C.270
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An appeal under this subchapter may not be considered moot solely due to the expiration of an order on which the appeal is based.