Effective September 1, 2007, Rule 25.2(d) of the Texas Rules of Appellate Procedure was amended to require a statement in the certification of the defendant’s right to appeal form that the defendant has been informed of his appellate rights. The certification form has been rewritten to conform to the amended rule.

A sample form, ‘Trial Court’s Certification of the Defendant’s Right to Appeal,’ is posted on the LCDLA Member’s Only page.

Also, Rule 48.4 has been added, which codifies the requirement that within five days after an appellate decision is handed down, appellate counsel must send the defendant, return receipt requested, a copy of the Court of Appeals’ opinion and judgment, and notification of his right to file a pro se PDR. Counsel must also notify the appellate court of his compliance with this requirement by letter and attach a copy of the receipt, within the time to file a motion for rehearing.

LCDLA Members can download a blank version of the form by clicking here.

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