Under which article can a defendant file for a motion for new trial?

The correct choice is based on the provisions laid out in the Texas Code of Criminal Procedure. Article 40.001 specifically addresses the procedural requirements for filing a motion for a new trial after a conviction. This article sets forth the necessary steps and timelines that a defendant must follow, ensuring that they can seek relief after a verdict has been rendered.

Understanding the significance of this article is crucial for those involved in the criminal justice process, as it outlines the grounds on which a motion for a new trial may be based, such as juror misconduct or newly discovered evidence. This provides defendants with a mechanism to challenge the trial's outcome under specified conditions, which is a fundamental aspect of fair legal proceedings.

The other articles mentioned do not pertain to motions for a new trial. Article 39.001 addresses the procedures related to jury selections, Article 38.001 deals with the admissibility of certain types of evidence, and Article 36.001 focuses on the presence of the defendant at their trial. Thus, Article 40.001 is clearly the relevant provision for filing a motion for a new trial.