Res 1987-034 - Laserfiche WebLink

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-5- (c) Either party may include bills of exception in the transcript subject to the applicable provisions of the then current Texas Code of Criminal Procedure governing the preparation of bills of exception and their inclusion in the record on appeal to the court of appeals. The bills of exception must be filed with the clerk not later than the 60th day after the date on which the notice of appeal is given or filed. Section 30.515. Statement of Facts To be included must contain: in the record on appeal, a statement of facts (1) a transcript of all or part of the municipal court of record proceedings that are shown to have occurred before, during, or after the trial, if the transcription is requested by the defendant; (2) a brief statement of the facts of the case proven at trial agreed to by the defendant and the prosecuting attorney; or as (3) a partial transcription and the agreed statement of the facts the case. of Section 30.516. Completion, Approval, and Transfer of Record (a) Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file with the clerk of the municipal court of record: (1) the statement of facts; (2) a written description of material to the transcript in addition to the material 30.513; and be included in required by Section (3) any material to be included in the transcript that is not in the custody of the clerk. (b) On completion of the record, the municipal judge shall approve the record in the manner provided for record completion notification and approval in the court of appeals. (c) After the court approves the record, the clerk shall promptly send it to the appellate court clerk for filing. The appellate court clerk shall notify the defendant and the prosecuting attorney that the record has been filed. Section 30.517. New Trial The trial court shall decide from the briefs of the parties whether the defendant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court clerk. Section 30.518. Brief on Appeal (a) A defendant's brief on appeal from a municipal court of record must present points of error in the manner required by law for a brief on appeal to the court of appeals. (b) The defendant must file the brief with the appellate court clerk not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. (c) The prosecuting attorney must file the appellee's brief with the appellate court clerk not later than the 15th day after the date on which the defendant's brief is filed. (d) Each party, on filing the party's brief with the appellate court clerk, shall deliver a copy of the brief to the opposing party and to the municipal judge.