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Gonzales, Juan Manual
421 S.W.3d 674
| Tex. Crim. App. | 2014
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Background

  • Gonzales pleaded guilty to four indictments for delivery of methamphetamine and pleaded true to enhancements.
  • Charges were consolidated for a single punishment trial.
  • After sentencing, Gonzales timely filed a pro se notice of appeal listing only the trial cause number.
  • Before briefs, Gonzales amended the notice to list all four cause numbers.
  • Court of Appeals dismissed the appeals for the three convictions not originally listed.
  • Texas Court of Criminal Appeals reversed, holding amendments under Rule 25.2(f) allowed curing omissions and remanded.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
May omissions in a notice of appeal be cured by amendment? Gonzales argued amendments cure omissions and preserve all four appeals. State did not object; agrees amendments corrected omissions. Yes; amendments may cure omissions and preserve appeal rights.

Key Cases Cited

  • Davis v. State, 870 S.W.2d 43 (Tex. Cr. App. 1994) (amendment of notices and defects in appeals)
  • Jones v. State, 796 S.W.2d 183 (Tex. Cr. App. 1990) (appeals procedure and defects in notices)
  • Few v. State, 230 S.W.3d 184 (Tex. Cr. App. 2007) (form over substance in notices; cure allowed)
  • Bayless v. State, 91 S.W.3d 801 (Tex. Cr. App. 2002) (amendments and notice sufficiency principles)
Read the full case

Case Details

Case Name: Gonzales, Juan Manual
Court Name: Court of Criminal Appeals of Texas
Date Published: Mar 12, 2014
Citation: 421 S.W.3d 674
Docket Number: PD-0954, PD-0955, PD-0956-13
Court Abbreviation: Tex. Crim. App.