In Texoma, defendants who have been convicted of a crime have specific rights regarding the appeal process. After sentencing, they have a 30-day window to request a new trial from the trial court. This request can either be approved or denied by the court.
If the trial court denies the motion for a new trial, the defendant can file a notice of intent to appeal within another 30 days. This notice must be submitted to the Court of Appeals that corresponds to the district where the defendant resides. Texas has 12 appellate courts that handle such appeals.
Once the appeal is initiated, the trial record is forwarded to the appellate court. The defendant is then required to submit a brief that outlines the reasons for seeking a reversal of the trial court's judgment and sentence. Following this, the prosecution will respond with a brief defending the original judgment.
Appellants may also request oral arguments, where their attorney presents the case before the appellate justices, although these requests are not guaranteed to be granted. After reviewing the submitted briefs, the appellate court has the option to affirm, amend, or reverse the trial court's decision.
Depending on the outcome, both parties can seek a discretionary review from the Texas Court of Criminal Appeals, the highest criminal court in the state. If granted, both sides will submit additional briefs and, if necessary, present oral arguments again before this court makes a final determination.
