Opinion
13-24-00279-CR
08-15-2024
JONATHAN WAYNE CRYER, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2 (b).
ON APPEAL FROM THE 36TH DISTRICT COURT OF ARANSAS COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
MEMORANDUM OPINION
NORA L. LONGORIA, JUSTICE
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.