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I have a defendant who plead guilty after a motion to suppress. Sentence was 7 years. Notified the court that he wished to appeal, but has not done anything. No paperwork filed for the appeal. What should I do to get him back before the court?
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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If he has not filed a MNT and or NOA within 30 days, is free, and will not surrender himself voluntarily, how about preparing and filing a motion to revoke appeal bond and execute sentence? A capias pro fine under art. 45.045 would seem to be available to terminate his freedom.
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
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Thanks, I should have known that without asking.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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Judge shouldn't have released on bond until a MNT or notice of appeal was filed.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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