How Long Do You Have to Appeal a Criminal Conviction in Texas?
Thirty days. In a Texas criminal case, the notice of appeal must be filed within 30 days after the day the judge imposes or suspends sentence in open court. If a motion for new trial is filed within those same 30 days, the notice-of-appeal deadline extends to 90 days. These deadlines are jurisdictional: once they pass, the court of appeals has no power to hear the case.
| Action | Deadline | Rule |
|---|---|---|
| Notice of appeal | 30 days after sentencing in open court | Rule 26.2(a)(1) |
| Motion for new trial | 30 days after sentencing in open court | Rule 21.4(a) |
| Notice of appeal, if a timely motion for new trial was filed | 90 days after sentencing in open court | Rule 26.2(a)(2) |
| Motion to extend time for the notice of appeal | 15 days after the notice-of-appeal deadline | Rule 26.3 |
| Petition for discretionary review | 30 days after the court of appeals’ judgment or its ruling on a timely motion for rehearing | Rule 68.2(a) |
| Motion to extend time for the petition for discretionary review | 15 days after the petition deadline | Rule 68.2(c) |
The 30-Day Rule
Under Texas Rule of Appellate Procedure 26.2, a defendant’s notice of appeal must be filed within 30 days after the day sentence is imposed or suspended in open court, or within 30 days after the day the trial court enters an appealable order. The clock starts when the judge pronounces sentence from the bench. It does not wait for the written judgment.
The notice of appeal is a short, simple document. Filing it commits the defendant to nothing; it preserves the right to appeal while the defendant and his family decide what to do next. Failing to file it ends the appeal before it begins.
Ninety Days with a Motion for New Trial
A motion for new trial must be filed within 30 days of sentencing. Rule 21.4(a). Filing one does two things. First, it extends the notice-of-appeal deadline from 30 days to 90 days after sentencing. Rule 26.2(a)(2). Second, it is the defense’s one chance to put evidence before the trial court that is outside the trial record—jury misconduct, newly discovered evidence, ineffective assistance of trial counsel—and to build a record on those issues while witnesses and memories are still fresh.
Our page on what to do in the first 30 days after a conviction covers the motion for new trial in more detail.
Fifteen Days’ Grace, on Motion
If the notice-of-appeal deadline has just passed, the appeal may still be saved. Within 15 days after the deadline, the court of appeals may extend the time if the defendant files the notice of appeal in the trial court and a motion for extension of time in the court of appeals. Rule 26.3. Both filings must be made within the 15-day window.
The Petition for Discretionary Review: Another 30 Days
A defendant who loses in the court of appeals may ask the Texas Court of Criminal Appeals to review the decision by filing a petition for discretionary review. The petition must be filed within 30 days after the day the court of appeals renders judgment, or the day it overrules a timely motion for rehearing or motion for en banc reconsideration. Rule 68.2(a). The Court of Criminal Appeals may extend that deadline if a motion for extension is filed no later than 15 days after the petition was due. Rule 68.2(c).
What If the Deadline Is Already Gone?
Once the notice-of-appeal deadline and the 15-day grace period have both passed, no motion can revive the direct appeal. The remaining route is an application for writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. When the defendant lost his appeal through no fault of his own—most often because a lawyer failed to file the notice of appeal after being asked to—the Court of Criminal Appeals can grant an out-of-time appeal.
An 11.07 application has no fixed filing deadline, but delay is costly: unreasonable delay can bar relief, records and witnesses disappear, and the separate federal habeas deadline—generally one year—keeps running. Our page on Texas post-conviction habeas corpus explains the writ in more detail.
Talk to an Appellate Lawyer Now
Every deadline on this page is shorter than it sounds. Ordering the record, evaluating the case, and preparing a motion for new trial all take time, and the clock started at sentencing. Mark Bennett is Board Certified in both Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization—one of fewer than fifty Texas lawyers holding both certifications—and handles criminal appeals throughout Texas.
If you or someone you care about has just been convicted, email us at [email protected] or use our contact form. Tell us the county, the offense, the date of sentencing, and whether a notice of appeal or motion for new trial has been filed.