Appeals from Convictions in Municipal Court

The Amarillo Municipal Court is a court of record. This means that any appeal of a decision finding a person guilty must be based on legal, evidentiary, or procedural errors made during the trials. These errors must first be set forth in a written Motion for New Trial, which is followed by a Notice of Appeal unless the Motion for New Trial is granted. The County Courts at Law in Potter County have jurisdiction over the appeals from the Municipal Courts. The word “Court” in this handout refers to the Municipal Court; the County Courts at Law are referred to as “appellate court.”

An appeal may not be taken once payment of any portion of the fine and court costs assessed has been received by the Court. You have the right to be represented in the appeal by an attorney hired at your own expense, or you may represent yourself.

If you are found guilty and wish to appeal, you must follow procedures for appeal set forth in Texas Government Code Chapter 30 and the Texas Rules of Appellate Procedure. The procedures consist of the following four steps:

1. Motion for New Trial
2. Notice of Appeal
3. Appeal Bond
4. Record on Appeal

1. Motion for New Trial
If you wish to appeal your case, you must file a written Motion for New Trial with the Court not later than the tenth (10^th) say after the date the judgment is rendered. If the 10^th day falls on a Saturday, Sunday, or legal holiday, then count the next business day as the due date. The due date may for good cause be extended by the Court. The motion must set forth the points of error in the trial. The Court may grant the motion, in which case you would be notified of your setting for the new trial, or the Court may deny the motion. The motion is deemed overruled (denied) by operation of law if the Court does not act on the motion within 30 days.

2. Notice of Appeal
If you request a hearing on your Motion for New Trial and the Court overrules your motion at the hearing, you must give oral or written Notice of Appeal in open court on the day your motion is overruled. If there is no hearing, you must give Notice of Appeal in writing not later than the tenth (10^th) day after the Motion for New Trial is overruled (denied). The due date may for good cause be extended by the Court.

3. Appeal Bond
You must file an appeal bond not later than the tenth (10^th) day after the date your Motion for New Trial is overruled. The appeal bond must be approved by the Court and must be in the amount of $100.00 or double the fine and court costs, whichever is greater. The appeal bond must state that you were convinced in your case and that you are appealing the conviction. The appeal bond must be conditioned on your immediate and daily personal appearance in the appellate court.

4. Record on Appeal
The record on appeal consist of the clerk’s record and the reporter’s record. The clerk’s record and the reporter’s record. The clerk’s record consists of the documents filed in the case. The reporter’s record is prepared by the court reporter from the transcription and recordings of the trial proceedings. Not later than the sixtieth (60^th) day after the Notice of Appeal is given or filed, you must file the following items with the Court:

1. The report’s record. You must contact the court reporter well in advance of this deadline to request that the trial proceedings be transcribed. You must pay the court reporter for this service. All requests for court reporter services require: $75.00 deposit, $5.00 per page, and $10.00 for binding. The Court will give you the reporter’s name and contact information.
2. A written request for any materials to be included in the clerk’s record in addition to those items required by law. (Those items required by law include the complaint, docket entries, jury charge, jury verdict, judgment, motion for new trial, notice of appeal, all written motions, orders and pleas, bills of exception and the appeal bond).
3. Any material to be included in the clerk’s record that is not in the clerk’s custody.

On or before the 60-day deadline, you must pay a $25.00 fee for preparation of the clerk’s record. If you are successful in the appeal of your case, the $25.00 fee will be refunded to you. This fee is used to cover the costs of processing your appeal to the appellate court.

Upon completion of the record (the appellate file), the Court will approve the record and the municipal clerk will then promptly send the file to the appellate court. When the appellate court receives the file, the clerk of that court will notify you that the file has been received.

Potter County maintains a law library on the second floor of the Potter County District Courts Building, 501 S. Fillmore, where you may find materials to assist you in pursuing your appeal.