Matthew Paul Cruz v. State ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00254-CR
MATTHEW PAUL CRUZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 286th District Court
Hockley County, Texas
Trial Court No. 18-05-9355, Honorable Pat Phelan, Presiding
October 23, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Pursuant to a plea bargain agreement, Appellant Matthew Paul Cruz was
convicted of murder1 and sentenced to twenty-five years’ confinement. The trial court’s
certification of Appellant’s right of appeal reflects that this is a plea bargain case from
which Appellant has no right of appeal and that Appellant has waived the right of appeal.
Notwithstanding the certification, Appellant filed a notice of appeal, pro se, challenging
1 TEX. PENAL CODE ANN. § 19.02(c) (West 2019).
his conviction. Now pending before this Court is the State’s motion to dismiss the appeal
based on the certification.
We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of
the record.” By letter of September 28, 2020, we notified Appellant of the consequences
of the trial court’s certification and directed him to file a response demonstrating grounds
for continuing the appeal by October 13, 2020. Appellant has not filed a response to date.
Accordingly, we grant the State’s motion and dismiss the appeal pursuant to Rule
of Appellate Procedure 25.2(d).
Per Curiam
Do not publish.
2