Jose Oswaldo Cruz v. the State of Texas

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

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On Appeal from the 221st District Court

Montgomery County, Texas Trial Cause No. 20-07-08459-CR

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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.

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PER CURIAM Submitted on October 12, 2021 Opinion Delivered October 13, 2021 Do Not Publish Before Golemon, C.J., Kreger and Horton, JJ.