Res 1987-034 - Laserfiche WebLink

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-6- Section 30.519. Court Rules (a) Except as modified by this subchapter, the then current Texas Code of Criminal Procedure applies to the trial of cases before the municipal courts of record. The courts may make and enforce all rules of practice and procedure that are necessary to expedite the trial of cases before the courts and that are not inconsistent with law. (b) The appellate courts may make and enforce all rules of practice and procedure that are not inconsistent with law and are necessary to expedite the dispatch of appeals from the municipal courts of record. Section 30.520. Disposition on Appeal (a) According court may: to the law and the nature of the case, the appellate (1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; or (4) reform and correct the judgment. (b) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the transcript or the statment of facts, the appellate court shall presume that: (1) venue was proven in the trial court; (2) the jury, if any, was properly impaneled and sworn; (3) the defendant was arraigned and pleaded to the complaint; and (4) the municipal judge certified the charge before it to the jury. was read (c) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or overruling each assignment of error presented. The court shall set forth the reasons for its decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered. Section 30.521. Certificate of Appellate Proceedings When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the iudgment and shall mail the certificates to the clerk of the municipal court of record. The municipal clerk shall file the certificate with the papers in the case and note the certificate on the case docket. If the municipal court of record judgment is affirmed, further action to enforce the judgment is not necessary except to: (1) collect the fine and costs of court; (2) forfeit the bond of the defendant; (3) issue a writ or capias for the defendant; and/or (4) issue an execution against the defendant's property. Section 30.522. Effect of Order of New Trial If the appellate court awards a new trial to the defendant, the case stands as if a new trial had been granted by the municipal court of record.