PART V — JURISDICTION AND COMMENCEMENT
Rule 43. Criminal appeals as of right
Right to direct appeal
A direct appeal of a criminal proceeding is a matter of right. It is not screened under the discretionary criteria in Rule 47.
Guilty or nolo contendere plea
A defendant who pleads guilty or nolo contendere may not directly appeal the judgment or sentence unless the defendant expressly reserved the right to appeal a legally dispositive issue. The notice of appeal must identify the reservation and where it appears in the record.
Appeal by the State
The State may appeal only as law permits, including an order:
dismissing an indictment, information, count, charging affidavit, or probation or community-control violation;
granting a new trial;
arresting judgment;
imposing a sentence when State appeal is authorized;
discharging a prisoner on habeas corpus;
denying restitution;
suppressing evidence or evidence in limine at trial; or
withholding an adjudication of guilt.
The State must identify the specific statutory category and any restriction on further prosecution.
Joint defendants
One or more jointly tried defendants may appeal without the others. A nonjoining defendant is not affected by the appeal unless the Court expressly orders relief authorized by law.
Counsel and simple notice
A defendant may preserve the right by filing the simple Notice of Criminal Appeal in Appendix C. A correctable form defect, unpaid fee, missing appendix, or absent legal argument must not defeat a timely notice.