Jose Oswaldo Cruz v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 13, 2021
• Docket: 09-21-00265-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00265-CR __________________

JOSE OSWALDO CRUZ, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 20-07-08459-CR __________________________________________________________________

MEMORANDUM OPINION

On April 13, 2021, the trial court sentenced Jose Oswaldo Cruz, Appellant,

on a conviction for continuous sexual abuse of a child. Cruz filed a notice of appeal

on August 27, 2021. The trial court entered a certification of the defendant’s right to

appeal in which the court certified that this is a plea-bargain case and the defendant

has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided

the trial court’s certification to the Court of Appeals.

1 On September 1, 2021, we notified the parties that we would dismiss the

appeal unless the appellant established grounds for continuing the appeal. Because

the record does not contain a certification that shows Cruz has the right of appeal,

we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Moreover, Cruz filed the

notice of appeal after his conviction became final and too late to perfect an appeal.

See Tex. R. App. P. 26.2. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

PER CURIAM

Submitted on October 12, 2021 Opinion Delivered October 13, 2021 Do Not Publish

Before Golemon, C.J., Kreger and Horton, JJ.