Tex. R. App. P. 51.2

When the trial court clerk receives the mandate,

the appellate court’s judgment must be enforced as

follows:

(a) Clerk’s Duties. The trial court clerk must:

(1) send an acknowledgment to the appellate

clerk of the mandate's receipt; and

(2) immediately file the mandate.

(b) Judgment of Affirmance; Defendant Not in

Custody.

(1) Capias to Be Issued. If the judgment

contains a sentence of confinement or

imprisonment that has not been

suspended, the trial court must promptly

issue a capias for the defendant's arrest

so that the court's sentence can be

executed.

(2) Contents of Capias. The capias may

issue to any county of this state and must

be executed and returned as in felony

cases, except that no bail may be taken.

The capias must:

(A) recite the fact of conviction;

(B) set forth the offense and the

court's judgment and sentence;

(C) state that the judgment was

appealed from and aff irmed, and

that the mandate has been filed; and

(D) command the sheriff to arrest and

take the defendant into his custody,

and to place and keep the defendant

in custody until delivered to the

proper authorities as directed by the

sentence.

(3) Sheriff's Duties. The sheriff must

promptly execute the capias as directed.

The sheriff must notify the trial court

clerk and the appellate clerk when the

mandate has been carried out and

executed.

(c) Judgment of Reversal.

(1) When New Trial Ordered. When the

appellate court reverses the trial court's

judgment and grants the defendant a new

trial, the procedure is governed by Code

of Criminal Procedure article 44.29. If

the defendant is in custody and entitled

to bail, the defendant must be released

upon giving bail.

(2) When Case Dismissed. When the

appellate court reverses the trial court's

judgment and orders the case to be

dismissed, the defendant — if in custody

— must be discharged.

(d) Judgment of Acquittal. When the appellate

court reverses a judgment and orders the

defendant's acquittal, the defendant — if in

custody — must be discharged, and no

further order or judgment of the trial court is

necessary.