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