Opinion
04-24-00049-CR
04-16-2024
Amanda Marie MONTOYA, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR11671 Honorable Christine Del Prado, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice.
This is an appeal of appellant Amanda Marie Montoya's aggravated assault conviction by a jury on December 4, 2023. Texas Rule of Appellate Procedure 25.2 provides that in a criminal appeal where the defendant is the appellant, "[t]he trial court shall enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order." Tex.R.App.P. 25.2(a)(2). Rule 25.2 further provides, "[i]f the defendant is the appellant, the record must include the trial court's certification of the defendant's right of appeal under Rule 25.2(a)(2)," and cautions that "[t]he appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Id. R. 25.2(d).
On December 4, 2023, the trial court signed a certification of the defendant's right of appeal. In the section of the form certifying whether this matter is appealable, the trial court certified appellant's criminal case was "a plea-bargain case, and the defendant has NO right to appeal." However, after a review of the record, we note the record contains no plea agreement, and the judgment provides appellant was convicted by a jury. The trial court also explained as follows during sentencing:
This is a plea agreement. Your punishment has been an agreement between you and the State. I have followed your plea agreement with the State by sentencing you to these five years. As such, you will not receive this Court's permission to appeal the punishment phase of this trial, Ms. Montoya. . . . Additionally, I will
remind you that your appellate rights remain in effect as to the guilt/innocence phase of this trial. (emphasis added)
Accordingly, the trial court's certification of defendant's right of appeal appears to be defective. See Dears v. State, 154 S.W.3d 610, 613-14 (Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760, 761 (Tex. App.-San Antonio 2003, no pet.). We therefore order the trial court to amend the certification and the district clerk to file a supplemental clerk's record containing the amended certification by April 29, 2024. Tex.R.App.P. 37.2; Sanchez, 109 S.W.3d at 761.