Defendant issued citation for speeding. Requests and is granted jury trial in JP court.
Jury finds Defendant guilty.
Defendant appeals case up to County Court level. Requests and is granted jury trial in County Court.
Jury finds Defendant guilty and assesses a fine of $99.00
Defendant says he wants to appeal again. I'm about 99% positive that a Defendant cannot appeal past the County Court level when the fine assessed is less than $100.00, but I'm unable to find this anywhere in the Code.
Am I correct? Is the Defendant barred from appealing due to the fine amount? If so, where can I find this?
It is my understanding that if the defendant wants to appeal again, his next opportunity is to appeal to the Court of Appeals (for me Fort Worth).
I deal with the JP Courts and traffic appeals all the time. I have yet to have one want to appeal after County Court at Law conviction.
Art. 4.03 of the CCP states that the Courts of Appeals have appellate jurisdiction except where the fine imposed by the county court does not exceed one hundred dollars unless the sole issue is the constitutionality of the statue or ordinance on which the conviction is based.
Jurisdiction is limited. Perhaps an original writ could be taken up on constitutional issues.
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