Dylan Mitchell Montoy v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00669-CR Dylan Mitchell Montoy, Appellant v. The State of Texas, Appellee FROM THE 264TH DISTRICT COURT OF BELL COUNTY, NO. 22DCR86792, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING MEMORANDUM OPINION Appellant Dylan Mitchell Montoy has filed a pro se notice of appeal from his 2023 judgment of conviction for the first-degree felony offense of aggravated assault of a family member with a deadly weapon. See Tex. Penal Code § 22.02(b)(1)(A). Montoy pleaded guilty to the offense and was sentenced to thirty years’ imprisonment. Montoy’s notice of appeal was filed approximately three years after his conviction and is untimely. See Tex. R. App. P. 26.2(a) (providing for 30-day deadline for filing notice of appeal in criminal case when no motion for new trial is filed). Additionally, the trial court has certified that (1) this is a plea-bargain case and Montoy has no right of appeal, and (2) Montoy has waived the right of appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d). __________________________________________ Gisela D. Triana, Justice Before Justices Triana, Crump, and Ellis Dismissed for Want of Jurisdiction Filed: September 23, 2026 Do Not Publish 2