Legal Question in Criminal Law in Texas

My daughters roommate's brother was sentenced last week to 20 years for burglary of habitat. He has no prior convictions and is ex military. He was with his brother who does have a criminal history and that brother received 3 life sentences for the same crime. No weapon involved. My question is does the first brother have a chance of appeal? And should he file for a new trial?


Asked on 1/18/16, 8:17 am

1 Answer from Attorneys
Wes Ball Wes Ball Law

There is no way of knowing from the information you have submitted whether he has an appeal. The main questions are whether he waived a trial by jury and entered a guilty plea with a plea bargain or whether he had a trial. When you plead guilty, your appeal options are severely limited. When you have a contested trial, your appeal options are greater. You should also know that there is a time limit on when you can file a notice of appeal. In Texas state cases, that is generally 30 days from the date of the judgment.

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Answered on 1/18/16, 11:44 am


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