Jonathan Tellez v. the State of Texas

Court of Appeals of Texas

Jonathan Tellez v. the State of Texas

DecidedAugust 24, 2021

Docket04-21-00314-CR

StatusPublished

This text of Jonathan Tellez v. the State of Texas (Jonathan Tellez 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.

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Jonathan Tellez v. the State of Texas, (Tex. Ct. App. 2021).

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Fourth Court of Appeals San Antonio, Texas August 24, 2021

No. 04-21-00314-CR

Jonathan TELLEZ, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 654235 Honorable Grace M. Uzomba, Judge Presiding

ORDER On June 29, 2021, appellant Jonathan Alexander Tellez was convicted of the offense of driving while intoxicated and sentenced pursuant to a plea agreement. On July 28, 2021, appellant filed a notice of appeal. On August 5, 2021, appellant’s trial counsel, Jeff Hohl, filed a motion to withdraw as appellant’s attorney in this appeal. No party has opposed the motion. On August 6, 2021, the trial court appointed Jaime Aldape as appellant’s counsel. Accordingly, we GRANT Mr. Hohl’s motion to withdraw.

The trial court’s certification in this appeal states that this criminal case, “is a plea- bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed within thirty days from the date of this order, showing appellant 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.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

_________________________________ Rebeca C. Martinez, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of August, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas August 24, 2021

No. 04-21-00314-CR

Jonathan TELLEZ, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 654235 Honorable Grace M. Uzomba, Judge Presiding

ORDER On June 29, 2021, appellant Jonathan Alexander Tellez was convicted of the offense of driving while intoxicated and sentenced pursuant to a plea agreement. On July 28, 2021, appellant filed a notice of appeal. On August 5, 2021, appellant’s trial counsel, Jeff Hohl, filed a motion to withdraw as appellant’s attorney in this appeal. No party has opposed the motion. On August 6, 2021, the trial court appointed Jaime Aldape as appellant’s counsel. Accordingly, we GRANT Mr. Hohl’s motion to withdraw.

The trial court’s certification in this appeal states that this criminal case, “is a plea- bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed within thirty days from the date of this order, showing appellant 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.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

_________________________________ Rebeca C. Martinez, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of August, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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