§ 44.01 — APPEAL BY STATE.

Texas § 44.01

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 44.01. APPEAL BY STATE. (a) The state is entitled to appeal an order of a court in a criminal case if the order:
(1) dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy;
(5) grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case;
(6) is issued under Chapter 64 ; or
(7) grants bail, in an amount considered insufficient by the prosecuting attorney, to a defendant who:
(A) is charged with an offense under any of the following sections of the Penal Code:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 22.02 (aggravated assault) if:
(a) the offense was committed under Subsection (a)(1); or
(b) the defendant used a firearm, club, knife, or explosive weapon, as those terms are defined by Section 46.01 , Penal Code, during the commission of the assault;
(iv) Section 20.04 (aggravated kidnapping);
(v) Section 29.03 (aggravated robbery);
(vi) Section 22.021 (aggravated sexual assault);
(vii) Section 21.11 (indecency with a child);
(viii) Section 20A.02 (trafficking of persons); or
(ix) Section 20A.03 (continuous trafficking of persons); or
(B) is charged with an offense punishable as a felony and was released on bail for an offense punishable as a felony at the time the instant offense was committed.
(b) The state is entitled to appeal a sentence in a case on the ground that the sentence is illegal.
(c) The state is entitled to appeal a ruling on a question of law if the defendant is convicted in the case and appeals the judgment.
(d) The prosecuting attorney may not make an appeal under Subsection (a) or (b) of this article later than the 20th day after the date on which the order, ruling, or sentence to be appealed is entered by the court.
(e) The state is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b) of this article.
(f) The court of appeals shall give precedence in its docket to an appeal filed under Subsection (a) or (b) of this article. The state shall pay all costs of appeal under Subsection (a) or (b) of this article, other than the cost of attorney's fees for the defendant.
(f-1) In an appeal filed under Subsection (a)(7), a court of appeals shall:
(1) conduct a de novo review of all issues presented;
(2) expedite the appeal; and
(3) issue an order not later than the 20th day after the date the appeal is filed.
(f-2) In an appeal filed under Subsection (a)(7), a court of appeals may:
(1) affirm or modify the bail amount set by the court; or
(2) reject the bail amount set by the court and remand the case to the court, with or without guidance, for modification of the bail amount.
(g) If the state appeals pursuant to this article and the defendant is on bail, the defendant shall be permitted to remain at large on the existing bail. If the defendant is in custody, the defendant is entitled to reasonable bail, as provided by law, unless the appeal is from an order which would:
(1) terminate the prosecution, in which event the defendant is entitled to release on personal bond; or
(2) grant bail in an amount considered insufficient by the prosecuting attorney, in which event the defendant shall be held in custody during the pendency of the appeal.
(h) The Texas Rules of Appellate Procedure apply to a petition by the state to the Court of Criminal Appeals for review of a decision of a court of appeals in a criminal case.
(i) In this article, "prosecuting attorney" means the county attorney, district attorney, or criminal district attorney who has the primary responsibility of prosecuting cases in the court hearing the case and does not include an assistant prosecuting attorney.
(j) Nothing in this article is to interfere with the defendant's right to appeal under the procedures of Article 44.02. The defendant's right to appeal under Article 44.02 may be prosecuted by the defendant where the punishment assessed is in accordance with Subchapter C, Chapter 42A, as well as any other punishment assessed in compliance with Article 44.02.
(k) The state is entitled to appeal an order granting relief to an applicant for a writ of habeas corpus under Article 11.072.
(l) The state is entitled to appeal an order entered under:
(1) Subchapter G or H, Chapter 62, that exempts a person from complying with the requirements of Chapter 62; and
(2) Subchapter I, Chapter 62, that terminates a person's obligation to register under Chapter 62.

Legislative History

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 123, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 382, Sec. 1; Subsec. (a) amended by Acts 2003, 78th Leg., ch. 13, Sec. 7, eff. Sept. 1, 2003. Subsec. (k) added by Acts 2003, 78th Leg., ch. 587, Sec. 2, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1008 (H.B. 867 ), Sec. 1.04, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1038 (H.B. 1801 ), Sec. 2, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 2.18, eff. January 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 15, eff. September 1, 2025.