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Date: 02-10-2019

Case Style:

Jonathan Guijosa v. The State of Texas

Case Number: 08-19-00014-CR

Judge: YVONNE T. RODRIGUEZ

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Plaintiff's Attorney: Joseph W. Spence

Defendant's Attorney: John Eric Nickols

Description:





Appellant, Jonathan Guijosa, is attempting to appeal his conviction of aggravated robbery
with a deadly weapon. Jury trial in the case began on October 22, 2018, but the trial court forfeited
Appellantís bond when he failed to appear for trial on October 23, 2018. The trial proceeded
despite Appellantís absence, and the jury found Appellant guilty and assessed his punishment in
absentia. Appellantís trial counsel filed notice of appeal to protect Appellantís right to appeal in
the event he was apprehended. On January 14, 2019, counsel filed a motion to withdraw asserting
that Appellant has not been apprehended and the trial court has informed counsel that the court
will not appoint counsel to represent Appellant for purposes of appeal.



2

Except as permitted by Article 42.14, sentence must be pronounced in the defendantís
presence. TEX.CODE CRIM.PROC.ANN. art 42.03, ß 1(a).1 Because Appellant absconded during
trial and has not been apprehended, the trial court could not pronounce sentence. See id. In a
criminal case, the appellate timetable does not begin to run until the date sentence is imposed in
open court. See TEX.R.APP.P. 26.2(a). The defendantís notice of appeal is due to be filed within
thirty days after the day sentence is imposed in open court or within ninety days if the defendant
timely files a motion for new trial. See TEX.R.APP.P. 26.2(a). The notice of appeal filed by counsel
on Appellantís behalf is premature and it will be effective and deemed filed on the same day
sentence is imposed or suspended in open court. See TEX.R.APP.P. 27.1. While we have in some
cases allowed an appeal to remain pending when a notice of appeal is prematurely filed in order to
allow the parties and the trial court to take those steps necessary for the judgment to become final
and appealable, there is nothing to indicate that Appellant will be taken into custody or that his
sentence will be pronounced in open court within a reasonable period of time. No purpose is
served by allowing this premature appeal to remain pending on our docket.

Outcome: Accordingly, we grant
counselís motion to withdraw and dismiss the appeal for lack of jurisdiction.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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