Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Barbara Coursey Hertel v. State
Citation: Not availableDocket: 02-08-00454-CR
Court: Court of Appeals of Texas; January 21, 2009; Texas; State Appellate Court
Original Court Document: View Document
Barbara Coursey Hertel sought to appeal her conviction for driving while intoxicated, resulting in a 180-day confinement sentence on August 22, 2008. Hertel filed a motion for a new trial on September 5, 2008, but her notice of appeal was not submitted until December 3, 2008, well past the November 20, 2008 deadline. The court raised concerns regarding its jurisdiction due to the late filing and noted that the trial court's certification indicated that this was a plea-bargain case, in which Hertel had waived her right to appeal. Under Texas law, specifically Tex. R. App. P. 25.2(a)(2), an appellant in a plea-bargain case may only appeal on matters that were addressed in pretrial motions or with the trial court's permission. Hertel waived all pretrial motions, and no permission to appeal was granted by the trial court. Consequently, the appellate court found it lacked jurisdiction to hear the appeal due to the untimely filing and the absence of a right to appeal as certified by the trial court. As a result, the court dismissed the appeal for want of jurisdiction. The opinion was delivered by the panel of justices Walker, McCoy, and Meier on January 22, 2009.