Angela Alice Montano v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00305-CR
ANGELA ALICE MONTANO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2017-1907-C2
MEMORANDUM OPINION
Appellant, Angela Alice Montano, filed her notice of appeal in this Court
challenging her conviction for unlawful possession of a controlled substance. See TEX.
HEALTH & SAFETY CODE ANN. § 481.112 (West 2017). The trial court’s certification of
appellant’s right of appeal in this case indicates that this “is a plea-bargain case, and the
defendant has NO right of appeal” and that “the defendant has waiver the right of
appeal.”
We must dismiss an appeal “without further action, regardless of the basis for the
appeal” if the trial court’s certification shows there is no right to appeal. See Chavez v.
State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Monreal v. State, 99 S.W.3d 615, 622 (Tex.
Crim. App. 2003) (holding that an appellant who has executed a waiver of appeal,
whether negotiated or non-negotiated, could not appeal without securing the permission
of the trial court). Because the trial court’s certification indicates that appellant has no
right of appeal, we hereby dismiss this appeal.1
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed October 3, 2018
Do not publish
[CR25]
1 Nevertheless, we note that a motion for rehearing may be filed within 15 days after the judgment
or order of this Court is rendered. See id. at R. 49.1. If the appellant desires to have the decision of this
Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of
Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the
day the last timely motion for rehearing was overruled by the court of appeals. See id. at R. 68.2(a).
Montano v. State Page 2