Juan Villalobos Crus v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 1, 2026
Docket02-26-00320-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00320-CR
___________________________
JUAN VILLALOBOS CRUS, Appellant
V.
THE STATE OF TEXAS
On Appeal from County Criminal Court No. 1
Denton County, Texas
Trial Court No. CR-2026-04386-A
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
Appellant Juan Villalobos Crus, acting pro se, attempts to appeal his conviction
for misdemeanor driving while intoxicated. See Tex. Penal Code § 49.04(a)–(b). Crus
pled nolo contendere to the charge pursuant to a sentence bargain. See Harper v. State,
567 S.W.3d 450, 455 (Tex. App.—Fort Worth 2019, no pet.) (defining sentence
bargain). As part of his written plea agreement, Crus waived his right to appeal.
Consistent with the plea agreement, the “Trial Court’s Certification of
Defendant’s Right of Appeal” states that this “is a plea-bargain case, and the
defendant has NO right of appeal” and that “the defendant has waived the right of
appeal.” See Tex. R. App. P. 25.2(a)(2), (d). On August 21, 2026, we notified Crus of
the certification and warned him that we would dismiss the appeal unless we received
a response by August 31, 2026, showing grounds for continuing the appeal. See Tex.
R. App. P. 25.2(d), 44.3. We have received no response.
Additionally, after further reviewing Crus’s notice of appeal and the trial court’s
judgment, we discovered that Crus did not timely file his notice of appeal. Because
Crus did not file a motion for new trial, his notice of appeal was due July 23, 2026.
See Tex. R. App. P. 26.2(a)(1). But he did not file his notice of appeal until July 31,
2026.
A timely notice of appeal is essential to vest this court with jurisdiction. See
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We therefore dismiss
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Crus’s appeal for want of jurisdiction.1 See Tex. R. App. P. 26.2(a)(1), 43.2(f); Olivo,
918 S.W.2d at 522–23; see also Tex. R. App. P. 25.2(d); Salas v. State, No. 02-24-00306-
CR, 2024 WL 4377440, at *1 (Tex. App.—Fort Worth Oct. 3, 2024, no pet.) (mem.
op., not designated for publication) (dismissing appeal based on trial court’s
certification).
/s/ Dana Womack
Dana Womack
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: October 1, 2026
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We may extend the jurisdictional deadline if a notice of appeal is filed in the
trial court within fifteen days of its due date and, within that same period, the
appellant also files a motion for extension of time complying with Texas Rule of
Appellate Procedure 10.5(b). See Tex. R. App. P. 26.3; Olivo, 918 S.W.2d at 522; see
also Tex. R. App. P. 10.5(b). But Crus did not file a motion for extension of time to
file his notice of appeal; thus, we may not extend the jurisdictional deadline. See Tex.
R. App. P. 26.3; Olivo, 918 S.W.2d at 522.
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