Section 27.10 Notice of Right to Appeal

• Library: Criminal Practice 2012 Supp

1. (§27.10) Notice of Right to Appeal

At the time the court imposes a sentence in a case in which the defendant has entered a plea of not guilty, the court is to advise the defendant of the right to appeal the conviction and sentence. The court must also advise the defendant that the defendant may request to file the appeal in forma pauperis should the defendant not be able to pay the cost of an appeal. Rule 29.07(b)(3). If the defendant states to the court at that time that the defendant cannot afford the cost of the appeal, the court will likely question the defendant as to the defendant’s financial circumstances, including any assets available to the defendant. Although it is not required of the defendant to inform the court at this time of the defendant’s inability to pay for the appeal, to do so will save time in the processing and will lessen the likelihood of the defendant not meeting the time limitations for the appeal. At...