My husband was charged with burglary with intent to commit another felony he was then convicted of sexual assault even though he wasnt charged with this he currently in the process of appeal his appeal attorney stated that if he loses his case he couldnt do anything else about it that he would just have to serve the time is this true? If not what other options do we have to fight this?
1 Answer from Attorneys
This sounds highly unlikely. However, he can have another attorney simply look over the charging instrument (indictment), jury charge, and judgment to see if what you are saying is correct.
If he loses on appeal, the only option is has is possibly an application for writ of habeas corpus (AKA writ, 11.07, etc.) Be aware that he only gets to file this once so he needs to hire an experienced lawyer on his writ.
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