CourtListener 10707503•Amanda Gonzales v. the State of Texas
Gesamter Gesetzestext
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00601-CR
Amanda GONZALES,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2023-CR-4172
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: October 15, 2025
DISMISSED FOR LACK OF JURISDICTION
Pursuant to a plea bargain, appellant was placed on deferred adjudication community
supervision on June 14, 2023. Appellant filed a notice of appeal in connection with this case on
September 3, 2025. On September 22, 2025, we received the clerk’s record. The clerk’s record
shows the trial court placed appellant on deferred adjudication community supervision in
accordance with the plea bargain and signed a certification stating this “is a plea-bargain case, and
the defendant has NO right of appeal” and “the defendant has waived the right of appeal.” See
04-25-00601-CR
TEX. R. APP. P. 25.2(a)(2). On April 17, 2025, the trial court signed an “Order Amending
Conditions of Community Supervision.”
“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to
appeal; or (C) where the specific appeal is expressly authorized by statute.” Id. We must dismiss
an appeal “if a certification that shows the defendant has the right of appeal has not been made
part of the record.” Id. R. 25.2(d). Here, the clerk’s record establishes the punishment assessed by
the court does not exceed the punishment recommended by the prosecutor and agreed to by
appellant. It also includes a plea bargain agreement showing appellant waived her Rule 25.2(a)(2)
appeal rights, explaining: “I understand that upon my plea of . . . nolo contendere, . . . my right to
appeal will be limited to only: (1) those matters . . . raised by written motion filed and ruled on
before trial, or (2) other matters on which the trial court gives me permission to appeal.” It further
provides: “However, as part of my plea-bargain agreement in this case, I knowingly and
voluntarily waive my right to appeal under (1) and (2) in exchange for the prosecutor’s
recommendation, provided that the punishment assessed by the court does not exceed our
agreement.”
The clerk’s record shows the trial court did not give appellant permission to appeal and
imposed appellant’s punishment consistent with the plea bargain. Thus, the trial court’s
certification appears to accurately reflect this is a plea-bargain case, and appellant does not have a
right to appeal. See id. R. 25.2; Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding
court of appeals should review clerk’s record to determine whether trial court’s certification is
accurate).
-2-
04-25-00601-CR
Further, to the extent appellant seeks to appeal the order amending the conditions of her
community supervision, this court does not have jurisdiction to consider an appeal from an order
altering or modifying the conditions of community supervision. See Davis v. State, 195 S.W.3d
708, 710-11 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977);
Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.—San Antonio 1995, no pet.).
Lastly, it appears appellant’s notice of appeal is untimely. The trial court rendered the order
modifying the conditions of appellant’s deferred adjudication community supervision on April 17,
2025. Because a motion for new trial was not filed, the notice of appeal was due to be filed on May
19, 2025. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal
was due on June 2, 2025. TEX. R. APP. P. 26.3. The record reflects appellant did not file her notice
of appeal until September 3, 2025, and appellant did not file a motion for extension of time to file
her notice of appeal. “A timely notice of appeal is necessary to invoke the jurisdiction of this
Court.” Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). Because appellant did not
timely file a notice of appeal, it appears that we lack jurisdiction over this appeal.
We, therefore, ordered appellant to show cause why this appeal should not be dismissed
for lack of jurisdiction based on her untimely notice of appeal and her attempt to appeal an order
amending the conditions of her community supervision. We admonished appellant that even if she
was able to show that her notice of appeal was timely filed and we have jurisdiction over this
appeal, this appeal would nevertheless be dismissed pursuant to Texas Rule of Appellate Procedure
25.2(d) unless an amended certification showing she has the right to appeal was made part of the
appellate record. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174, 176 (Tex.
App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July
2, 2003, pet. ref’d) (not designated for publication).
-3-
04-25-00601-CR
On October 7, 2025, appellant’s counsel responded, explaining there were “no flaws with
[the court’s] conclusions. This attempted appeal either targets an order that is unappealable, is
untimely, or has been pursued without the requisite trial court certification. Appellate counsel thus
concedes this Court has little choice but to dismiss this attempted appeal for want of jurisdiction,”
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-4-
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.