Robert Lee Delacruz v. State ( 2018 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-18-00017-CR
________________________
ROBERT LEE DELACRUZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Childress County, Texas
Trial Court No. 6179; Honorable Stuart Messer, Presiding
July 17, 2018
ORDER OF DISMISSAL
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Pending before this court is the Motion to Dismiss Appeal of Appellant, Robert Lee
Delacruz. In 2017, pursuant to a plea bargain, Appellant was placed on deferred
adjudication for seven years for possession of methamphetamine in an amount of four
grams or more but less than 200 grams.1 A $500 fine and restitution of $180 was
assessed in the order deferring adjudication. The State subsequently moved to proceed
with an adjudication of guilt based on Appellant’s violations of the conditions of his
1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(d) (West 2017). Appellant’s range of punishment
was enhanced from that of a second degree felony to a first degree felony by a prior felony conviction. TEX.
PENAL CODE ANN. § 12.42(b) (West Supp. 2017).
community supervision. Appellant pled not true to the allegations in the State’s motion.
The trial court adjudicated Appellant guilty of the original offense, sentenced him to fifty
years imprisonment, and assessed a $500 fine and restitution of $180. Appellant
appealed the trial court’s judgment.
On June 7, 2018, Appellant’s counsel filed a motion to dismiss the appeal. The
motion was not signed by Appellant as required by Rule 42.2(a) of the Texas Rules of
Appellate Procedure; however, the record demonstrates that Appellant agreed to dismiss
his appeal as part of a plea bargain agreement in another criminal case. On February
26, 2018, Appellant appeared before the 100th District Court for Hall County in cause
number 3823 on a motion to adjudicate and agreed to dismiss the appeal in the “Childress
County Cause” as part of a plea-bargain agreement. The trial court sentenced Appellant
in accordance with the plea recommendation. A copy of the transcript from that hearing
was filed with Appellant’s motion to dismiss indicating Appellant’s desire to dismiss this
appeal.
Under these circumstances, based upon Appellant’s agreement to dismiss this
appeal pursuant to his plea-bargain agreement in cause number 3823 in the 100th District
Court for Hall County, we suspend the operation of Rule 42.2(a) insofar as it requires
Appellant’s signature. See TEX. R. APP. P. 2, 42.2(a). Accordingly, no decision of this
court having been delivered, the motion is granted, and the appeal is dismissed.
Inasmuch as this appeal is dismissed at Appellant’s request, no motion for rehearing will
be entertained, and our mandate will issue forthwith.
Per Curiam
Do not publish.
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