IN THE
TENTH COURT OF APPEALS
No. 10-13-00122-CR
No. 10-13-00123-CR
No. 10-13-00124-CR
JUAN MANUAL GONZALES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court Nos. 2011-2460-C1, 2012-534-C1 and 2012-541-C1
MEMORANDUM OPINION
Juan Manual Gonzales attempts to appeal from his convictions for the offenses of
delivery of a controlled substance. The record indicates that the sentences were
imposed on October 24, 2012, and the notices of appeal were filed on April 18, 2013. In
Cause No. 10-12-00420-CR, sentence was imposed on October 24, 2012, and a pro se
notice of appeal was filed in this Court on November 15, 2012. Cause Nos. 10-13-00122-
CR, 10-13-00123-CR, and 10-13-00124-CR were tried together with Cause No. 10-12-
00420-CR; however, the November 15, 2012 notice of appeal does not include those
judgments or trial court cause numbers. An amended notice of appeal was filed on
April 19, 2013, seeking to include the omitted cause numbers. By letter dated May 8,
2013, the Clerk of this Court notified Gonzales that the appeals were subject to dismissal
because it appeared that the notices of appeal were untimely. See TEX. R. APP. P.
26.2(a)(1). The Clerk also warned Gonzales that the appeals would be dismissed unless,
within 21 days of the date of the letter, a response was filed showing grounds for
continuing the appeal. See TEX. R. APP. P. 44.3.
In his response, Gonzales argues that Texas Rule of Appellate Procedure 25.2 (f)
allows his amendment to the November 15, 2012 to add the three additional cause
numbers. Rule 25.2 (f) states:
Amending the Notice or Certification. An amended notice of
appeal or trial court's certification of the defendant's right of appeal
correcting a defect or omission in an earlier filed notice or certification,
including a defect in the notification of the defendant's appellate rights,
may be filed in the appellate court in accordance with Rule 37.1, or at any
time before the appealing party's brief is filed if the court of appeals has
not used Rule 37.1. The amended notice or certification is subject to being
struck for cause on the motion of any party affected by the amended
notice or certification. After the appealing party's brief is filed, the notice
or certification may be amended only on leave of the appellate court and
on such terms as the court may prescribe.
TEX. R. APP. P. 25.2 (f). Rule 25.2 (f) allows an amendment to correct a clerical error
when the wrong cause number is mistakenly written in the notice of appeal. See Few v.
State, 230 S.W.3d 184 (Tex. Crim. App. – 2007). However, the November 15 notice of
appeal does not include any attempt to appeal from Cause Nos. 10-13-00122-CR, 10-13-
Gonzales v. State Page 2
123-CR, and 10-13-00124-CR. The November 15 notice of appeal does not reference the
trial court cause numbers or the judgments from those cases. There were no timely
notices of appeal for Cause Nos. 10-13-00122-CR, 10-13-123-CR, and 10-13-00124-CR.
Rule 25.2 (f) allows an amendment to correct defects in the notice of appeal, but not to
add additional cause numbers.
Accordingly, the appeals are dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed July 11, 2013
Do not publish
[CRPM]
Gonzales v. State Page 3
Juan Manual Gonzales v. State
Combined Opinion