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Jonathan Guijosa v. The State of Texas
Date: 02-10-2019
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
Appellant’s bond when he failed to appear for trial on October 23, 2018. The trial proceeded
despite Appellant’s absence, and the jury found Appellant guilty and assessed his punishment in
absentia. Appellant’s trial counsel filed notice of appeal to protect Appellant’s 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 defendant’s
presence. TEX.CODE CRIM.PROC.ANN. art 42.03, § 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 defendant’s 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 Appellant’s 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.
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
Appellant’s bond when he failed to appear for trial on October 23, 2018. The trial proceeded
despite Appellant’s absence, and the jury found Appellant guilty and assessed his punishment in
absentia. Appellant’s trial counsel filed notice of appeal to protect Appellant’s 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 defendant’s
presence. TEX.CODE CRIM.PROC.ANN. art 42.03, § 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 defendant’s 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 Appellant’s 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
counsel’s motion to withdraw and dismiss the appeal for lack of jurisdiction.
counsel’s motion to withdraw and dismiss the appeal for lack of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Jonathan Guijosa v. The State of Texas?
The outcome was: Accordingly, we grant counsel’s motion to withdraw and dismiss the appeal for lack of jurisdiction.
Which court heard Jonathan Guijosa v. The State of Texas?
This case was heard in COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS, TX. The presiding judge was YVONNE T. RODRIGUEZ.
Who were the attorneys in Jonathan Guijosa v. The State of Texas?
Plaintiff's attorney: Joseph W. Spence. Defendant's attorney: John Eric Nickols.
When was Jonathan Guijosa v. The State of Texas decided?
This case was decided on February 10, 2019.