Gabriela Shay Estrada v. the State of Texas
This text of Gabriela Shay Estrada v. the State of Texas (Gabriela Shay Estrada v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-21-00320-CR
GABRIELA SHAY ESTRADA, Appellant v.
THE STATE OF TEXAS, Appellee
From the 19th District Court McLennan County, Texas Trial Court No. 2020-362-C1
MEMORANDUM OPINION
Gabriela Shay Estrada appeals from the judgment of conviction and sentence
rendered against her on November 1, 2021. Because the trial court's certification of her
right of appeal, which Estrada and her counsel signed, indicates that the underlying
case was a plea-bargain case and that Estrada has no right of appeal and also that
Estrada has waived her right of appeal, this appeal must be dismissed. See TEX. R. APP.
P. 25.2(d) (“The 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.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (plea bargain); Monreal v. State, 99
S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).
Notwithstanding that we are dismissing this appeal, Estrada may file a motion
for rehearing with this Court within 15 days after this opinion and judgment are
rendered if she believes this opinion and judgment are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Estrada desires to have
the opinion and judgment of this Court reviewed by filing a petition for discretionary
review, that petition must be filed with the Court of Criminal Appeals within 30 days
after either the day this Court's judgment is rendered or the day the last timely motion
for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).
For the reasons stated, this appeal is dismissed.
MATT JOHNSON Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed December 8, 2021 Do not publish [CR25]
Estrada v. State Page 2
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