Opinion
04-23-01011-CR
01-19-2024
Elva L. MONTEZ, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 8, Bexar County, Texas Trial Court No. 700499 Honorable Mary D. Roman, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
In the underlying case, Elva L. Montez was arrested for driving while intoxicated. She twice moved for a speedy trial. After her motions were denied, she pled nolo contendere to the charge.
The trial court accepted her plea and found her guilty. It sentenced her to twelve months' confinement, and it imposed a fine of $600 and court costs of $425. It suspended her sentence of confinement and placed her on probation for fourteen months.
Montez appealed.
In the clerk's record, the trial court's certification contains a check mark in the box next to text which states the case "is a plea-bargain case, and the defendant has NO right of appeal." It also contains a mark-which could be a strike out or a check mark-in the box next to text which states the case "is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal." See id. R. 25.2(a)(2)(A).
On January 10, 2024, we ordered Montez to cause an amended trial court certification to be filed in this court that shows she has the right of appeal. See TEX. R. APP. P. 25.2(D), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, no pet.).
[√] a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn er waived, and the defendant has the right of appeal; [or ]
[] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal; [or]
[] is a plea-bargain case, where the specific appeal is expressly authorized by statute;
[√] is a plea-bargain case, and the defendant has NO right of appeal, [or ]
On January 18, 2024, Montez notified this court that counsel requested an amended trial court certificate, but the request was denied.
We order the presiding judge of County Court at Law No. 8 of Bexar County, Texas to (1) sign an amended certification indicating whether Montez has a right of appeal and (2) cause it to be filed in this court within thirty days of the date of this order. See TEX. R. APP. P. 34.5(C)(2).
All other appellate deadlines remain suspended pending further order of this court.