TX · rules
Tex. R. App. P. 44.2
Reversible Error in Criminal Cases
(a) Constitutional Error. If the appellate record
in a criminal case reveals constitutional error
that is subject to harmless error review, the
court of appeals must reverse a judgment of
conviction or punishment unless the court
determines beyond a reasonable doubt that
the error did not contribute to the conviction
or punishment.
(b) Other Errors. Any other error, defect,
irregularity, or variance that does not affect
substantial rights must be disregarded.
(c) Presumptions. Unless the following matters
were disputed in the trial court, or unless the
record affirmatively shows the contrary, the
court of appeals must presume:
(1) that venue was proved in the trial court;
(2) that the jury was properly impaneled
and sworn;
(3) that the defendant was arraigned;
(4) that the defendant pleaded to the
indictment or other charging instrument;
and
(5) that the court's charge was certified by
the trial court and filed by the clerk
before it was read to the jury.
History
Notes and Comments Comment to 1997 change: Former Rules 80(d), 81 and 83 are merged. The reversible error standard in subdivision 44.1 is amended to omit the reference to an action “reasonably calculated to cause” an improper judgment, but no substantive change is intended. Paragraph 44.2(a) is amended to limit its standard of review to constitutional errors that are subject to harmless error review. Paragraph 44.2(b) is new and is taken from Federal Rule of Criminal Procedure 52(a) without substantive change. Paragraph 44.2(c) is former Rule 80(d) without substantive change. Subdivision 44.3 is amended to delete the reference to defects of “substance” and to delete the provisions regarding the late filing of the record.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
9c473df70f2ffc186cf03b9f46d45dc38ebda61af22febf015122a280ca6c994
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