Jonathan Wayne Cryer v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 15, 2024
• Docket: 13-24-00279-CR
• Status: Published

Opinion

NUMBER 13-24-00279-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JONATHAN WAYNE CRYER, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 36TH DISTRICT COURT OF ARANSAS COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Silva Memorandum Opinion by Justice Longoria

Appellant, Jonathan Wayne Cryer, filed a notice of appeal with this Court from his

conviction in trial court cause number A-24-5001-CR. The trial court’s certification of the

defendant’s right to appeal shows that the defendant waived his right to appeal and does

not otherwise have the right to appeal. See TEX. R. APP. P. 25.2(a)(2). On May 23, 2024, we ordered appellant’s counsel to review the record and

determine whether appellant has the right to appeal. After no response to the order, on

July 23, 2024, the matter was abated and remanded for the trial court to determine

whether the appeal had been abandoned by appellant or his counsel. On July 24, 2024,

appellant’s counsel filed a response indicating the judgement was entered after a plea-

bargain; she further confirmed that the appellant waived his right to appeal and does not

otherwise have the right to appeal.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal.

Id. R. 25.2(d); see id. R. 37.1, 44.3, 44.4. Accordingly, the appeal is hereby reinstated and

dismissed.

NORA L. LONGORIA Justice

Do not publish. TEX. R. APP. P. 47.2 (b).

Delivered and filed on the 15th day of August, 2024.