We are currently having a debate with a defense attorney over the amount of time he has to file an appeal of a traffic citation in Justice Court.

CCP 45.026 indicates appeal can be filed for up to 10 days after the date of the entry of judgment and CCP 27.14 seems to allow for 31 days. Naturally, the judge wants to follow 45.026 and the defense attorney favors 27.14. They are at the point of accusing one another of not knowing the law.

I have looked and cannot find any statute or case law that could clear this up...anyone have any?

Thanks!!

Is there a distinction to be made between pleading guilty in person and mailing the plea in? I know Article 27.14 allows for a defendant to deliver his plea in person, but the 31 day section seems to contemplate a defendant who pleads guilty prior to the day he's scheduled to appear and receives notice having never shown up.

[This message was edited by David Newell on 01-12-09 at .]

I think the most specific statute would win--which is the 45.0426. It clearly says that if the appeal bond is not perfected, no appeal.

I would argue that 27.14 is talking about the defendant paying his fine and the time he has to do so by mail--which is separate from perfecting his appeal by the correct deadline.

Section 45.002 says that chapter 45 specifically applies to justice and municipal courts and that the other chapters should only be looked to in areas where the chapter 45 does not specifically address the issue.