Jose Alberto Gutierrez v. State ( 2015 )

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Heritage Pto • 410 S. Main, Suite 214 ♦ San Antonio. TX 78204
Phone(210)335-0701 • Fax(210)335-0707
September 30,2008
Fourth Court Of Appeals
Cadena-Reeves Justice Center
300 Dolorosa, Suite 3200
RE: Jose Alberto Gutierrez v. State
Court of Appeals No. 04-08-00655-CR
Trial Court Case No. 2008-CR-1186
To The Honorable Court of Appeals:
Relevant Facts
followed the State's recommendation and sentenced Mr ?" ^
years in the Texas Department of Criminal Jusf.ce-lnstitut.onal D.v.s.on (See
attached Judgment and plea agreement).
On August 26, 2008, Appellant filed a Pro Se Notice of Appeal in Cause No.
20C8-CR-1186. The notice did not contain the judge's certification of his nght to
appeal.
On August 28, 2008, Judge Macrae appointed the B p^
Defender's Office to represent Mr. Gutierrez on appeal (order
was received by the Public Defender's Office on August 28, 2008).
Page Two
Conclusion '/9St^ji/Jbj' '**<«
•A/.
The undersigned attorney has reviewed the_eIectconic_judJCiaUecords of this
case and can find no right of appeal for Appetiant. Mr._GuUeaez-pleaded ff4&
the offense pursuant to a plea agreement with the State, and the judge followed
the agreement when sentencing him. Therefore, in accordance with Rule 25^
(a) (2) of the Texas Rules of Appellate Procedure, this court has no choice but to
dismiss the appeal. ->l—
hief Appellate Public Defender
cc: Judge Sharon Macrae
290S District Court
Cadena-Reeves Justice Center cf****?
300 Dolorosa
San Antonio, Texas 78205
District Attorney's Office - Appeals Sectioi
Alan Battaglia, Chief
Mr. Jose Alberto Gutierrez
SID # 0534734
BC Adult Detention Center
200 N. Comal
San Antonio, Texas 78207
Date:03-23-2009 Time:1613 Term:DCCH oper:31748
***** Bexar county criminal justice information System *****
- Event Log Display - _
$ 001 -
1 i no/ri oAonnT^rt nKPEilTOANT. NUM
A1BA 30684"
A1BA 30684
NATU 30684
NATU 30684
09551
DAAF
11272007 DAAF 09551
TwrnicE. da •
12172007 DCCH 33222
MOTION FOR APPOINTMENT OF ATTORNEY
12242007 SYS SYS
14T7 ngiim Tupftag mniMg 1 04212008
^ A QA£- 04182008 DEFT RQST FOR ST'SNTC OF INTENT
04212008
04212008
DCH3 16155
DCH3 16155
\\S 048 04182008 MOTION IN LIMINI PRIOR CONVICTIONS
04212008 KF90 19186
05062008 DCH3 16155 A
05062008 DCH3 16155
04212008
ATTORNEY APPOINTEDV0954P0123 *
4302 04292008 KF90 19186
04292008
DEFT REQ/DEMAND COPY RECORDINGS ORAL 1
4100 04292008 KF90 19186
04292008 STATEMNTS ATTRIBUTABLE TO DEFT 1
4100 04292008 KF90 19186
MTN DISC EXCULPATORY&MITIGATING EVID 1
19186
5
04292008 KF90
DEFT REQ/DEMAND WRITTEN NTC EVID PROSE1 19186
04292008 KF90
CUTION INTENDS OFFER PUNISHMENT PHASE 1
,fJ-
C Ac-
2:9+
04292008 KF90 19186
058 4100 04292008 OF THE TRIAL 1 19186
04292008 KF90
059 4100 04292008 DEFT REQ/DEMAND WRITTEN NTC EVID PROSEl
1 04292008 KF90 19186
060 4100 04292008 CUTION INTENDS OFFER PURSUANT TO RULE
04292008 KF90 19186
fb 061 4100 04292008 404
06092008 DCCH 33597
P 062 4105 06092008 MOTION IN LIMINI ENHANCEMENT COUNTS
06092008 DCCH 33597
> 063 4100 06092008 MT TO QUASH INDICTMENT PRO SE
05162008 DCSK 32211
064 2012 07112008 TRIAL DATE RESET
05162008 DCSK 32211
065 0104 07112008 AWTG TRIAL
07102008 DCH3
066 4100 07112008 ST'S NTC OF INTENT
08052008 KF90 19186
0165 07112008 TO BE DISMISSED
08062008 DCH3 16155'.
,/068 0604 08062008 DSMD-DEF CONV OTHR
08222008 DCH3 16155'
4306 08062008 DISMISSAL V0966P1275
% 069 08062008 DCH3 16155/
M 070 0199 08062008 CASE CLOSED
08062008 DY72 30589
08062008 A1B3 19295
072 0210 08062008 CASE DISMISSED CWHTDTme
08272008 DCMF 33224
073
4100 08262008 MT TO OBTAIN TRANSAND DES OF EXHIBITS
08272008 DCMF 33224
074 4100 08262008 DC LETTER TO COURT
09182008 DCH3 16155
075 4103 09182008 DC FILE TO ARCHIVE
09192008 A1B1 31794
076 1110 09192008 RELEASED FROM JAIL „„„-, „««-. i 09192008 NATU 11804
1\ 077
6402 09192008 offender record sent to VINE12707100011
02072009 KBC7 BCIS
078 0197 02072009 *** JN CLOSED *** *■
***** End Of List *****
Before me the undersigned authority, on this day appeared Edward F. Shaughnessy, III,
who after being duly sworn avers and attests to the following:
\ name is Edward F. Shaughnessy, SBN No. 1813450Cyl am licensed by the Texas
Supreme Court to practice law in the State of Texas, and have been licensed continuously since
October of 1981. In the spring of 2008 I was appointed to represent an individual by the name
of Jose Gutierrez who was charged by way of an indictment with .the offense of Driving While «
Intoxicated, third offense. Therindictment also alleged that Gutierrez had been on two prior Vj
occasions been convicted of the felony offense of Driving While Intoxicated, Cnnspqupntly, ^
fiiitiprrp? was facing thp possibility of a life sentencp as a habitual offender (chronic drunk ^v
A During the course of my conversations with my client it became very clear to me that he ^
was in a statp nf Hpnial as to thp pvidenc.p that the State of Texas was capable of presenting if V
the case were to go to trial. He also was in a statp of denial as to thp Ipgal cnnspqupncpsof thp M ,
allpgations in thp indictmpnt. I was eventually able to obtain an offer from the first-chair
prosecutor in thp 7QDth Dktrict Court thajjrxpxchange for thp applicant's plpa of guilfy, he
woHh^-reeommend a spntpnrp nf-pigfoH«-)-yparsftn confinement in thp Tpxas Dppartmpnt vS^r/i/A^e /J/6&~
Criminal iusticp Institutional Division. I hat nffpr was/fpjP^tpyhy thp applicant, against
e, and was subsequently withdrawn by the DistriaSKorney's Office.
The case ultirristely was rpspt for purposes of a trial. The applicant was then set to be
tried when the Statp marlp a sprnnd offpr On thp day of trial thp Statp nf Tpvas nffprpH th\\K
" wherein the applicant could ■
forrnmmunity supprvision and the Statp roulri sppk a sentence of twenty years. The plea was
entered and the/ctppl'rarit applipri for community supervising with a PS I hparing srhpdnlpd. A
pre-sentence report was created and a sentencing hearing was conducted. The applicant's
application for community siipprvjsjnn was dpnipd and he was ^pntpncpH tq twpnty (70) vpars
hy ludgp Sharon MacRap in rnmpliancp with thp plpa hargain agrppmpnt.
\
At no time during my representation of the applicant did I advise him that the plea
bargain was for six months of "drug treatment". The applicant was fully admonished by me as
to the terms of the initial offer of 8 years. He was also fully admonished of the terms and
consequences of the plea bargain that was ultimately accepted. Any claim that I advised him
SUBJECT: State briefly the problem on which you desire assistance.
^
Name: No: Unit:
Livin^Quarters: Work Assignment:
DISPOSITION: (Inmate will not write in this space)
^*£~s ^>*-**y *****
*W0 (Rev. 11-90)
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