Section 45.023 - [Repealed Effective 1/1/2025] Defendant's Plea(a) After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may: (1) plead guilty or not guilty;(2) enter a plea of nolo contendere; or(3) enter the special plea of double jeopardy as described by Article 27.05.(b) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (a).(c) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial by jury, as appropriate: (1) accept the defendant's plea;(2) assess a fine, determine costs, and accept payment of the fine and costs;(3) give the defendant credit for time served;(4) determine whether the defendant is indigent; or(5) discharge the defendant.(d) Notwithstanding Article 45.037, following a plea of guilty or nolo contendere entered under Subsection (b), a motion for new trial must be made not later than 10 days after the rendition of judgment and sentence, and not afterward. The justice or judge shall grant a motion for new trial made under this subsection.Tex. Code Crim. Proc. § 45.023
Repealed by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 3.001, eff. 1/1/2025.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 691,Sec. 1, eff. 9/1/2013.Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon's Ann.C.C.P. art. 45.31 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 21, eff. 9/1/1999.