Rule 51.2 - Criminal CasesWhen 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 affirmed, 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.Notes and Comments
Comment to 1997 change: Former Rules 87 and 88 are merged. The reference to costs in tax suits is deleted.