Texas Certification of Defendant's Right of Appeal is a document issued by a court in Texas that certifies a defendant's right to appeal a criminal conviction or sentence. This document, also known as a Writ of Certiorari, is used to notify the appellate court of the defendant's intention to appeal. Depending on the type of appeal, there are two different types of Texas Certification of Defendant's Right of Appeal: Direct Appeal and Discretionary Appeal. A Direct Appeal is an appeal of a criminal conviction or sentence that is based on a claim of legal error. It is filed directly with the appellate court and is the most common type of appeal in Texas. The defendant must present the Certification of Defendant's Right of Appeal to the court of appeals along with the Notice of Appeal and a copy of the trial court's final judgment. A Discretionary Appeal is an appeal of a criminal conviction or sentence that is based on a claim that the trial court abused its discretion. This type of appeal is filed with the Texas Supreme Court and must be accompanied by a Certificate of Defendant's Right of Appeal. The defendant must submit a written argument to the Texas Supreme Court that explains why the trial court abused its discretion. Both types of Texas Certification of Defendant's Right of Appeal are important documents that must be filed in order to preserve the defendant's right to appeal a criminal conviction or sentence.
Texas Certification of Defendant's Right of Appeal
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