Legal Question in Appeals and Writs in Texas

appealing a case

How can a appeal be made in order to reduce jail time?


Asked on 7/25/05, 5:28 pm

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

Re: appealing a case

An appeal can be taken from an order sentencing someone for the commission of a crime. It has to be timely filed, i.e., within sixty days of imposition of sentence. However, in order to be successful the basis for the appeal must reflect an error committed in imposing a sentence. Usually, a person must object at the time for sentencing to any erroneous factor considered by the trial judge in imposing sentence. If the complaint is based on an error in computing good time credits on a sentence application can be made to the trial court for correction before resorting to an appeal. Finally, if the time for an appeal has lapsed on rare occasions a sentencing error can be raised on a petition for writ of habeas corpus. An appeal cannot be taken just because someone feels that the sentence was to long. There must be an error committed by the court in imposing sentence. All of these remedies require the intervention and assistance of an attorney. There are many nuiances involved in sentencing errors that cannot be explored here in the absence of a careful review of the transcript of the sentencing procedure. Please consult with an attorney regarding the presence or absence of an available remedy. Good luck.

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Answered on 7/25/05, 6:15 pm


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