Res 1987-034 - Laserfiche WebLink

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-4- forth in the defendant's motion for new trial and that are presented in the transcript and statement of facts prepared from the proceedings leading to the conviction. An appeal from the municipal court of record may not be by trial de novo. (c) To perfect an appeal, the defendant must file a written motion for new trial not later than the 10th day after the date on which judgment is rendered. The motion must set forth the points of error of which the defendant complains. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or any amended motion is filed. The court, for good cause, may extend for not more than 30 days the time for filing or amending the motion. If the court does not act on the motion before the expiration of the 20 days allowed for determination of the motion plus any extension granted, the original or amended motion is overruled by operation of law. (d) To perfect an appeal, the defendant must also give notice of the appeal. If the defendant requests a hearing on the motion for new trial, the defendant may give the notice of appeal orally in open court on the overruling of the motion for new trial. Otherwise, the defendant must give a written notice of appeal and must file the notice with the court not later than the 10th day after the date on which the motion for new trial is overruled. The court, for good cause, may extend that time period for not more than 30 days. Section 30.513. Appeal Bond; Record on Appeal (a) If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. (b) ~he appeal bond must be in the amount of $50 or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must state that the defendant was convicted in the case and has appealed. (c) The record on appeal consists of a transcript and, if necessary to the appeal, a statement of facts. The city shall prepare the record from the record made of the proceedings after the posting of good and sufficient security therefor. If the court finds that the defendant is unable to payor give security for the record on appeal after a hearing in response to an affidavit by the defendant, the court shall order the city to prepare the record without charge to the de fendant. Section 30.514. Transcript; Bills of Exception (a) On the written request of the defendant or the defendant's attorney, the clerk of the municipal court of record shall prepare under his or her hand and the seal of the court a transcript of the court proceedings. The transcript must include copies of: (1) the complaint; (2) material docket entries made by the court; (3) the jury charge and verdict in a jury trial; (4) the judgment; (5) the motion for new trial; (6) the notice of appeal; (7) written motion and pleas; (8) written orders of the court; (9) any bills of exception filed with the court; and (10) the appeal bond (b) The clerk may include in the transcript additional portions of the proceedings in the court prepared by mechanical or videotape recordings.