Pedro Cruz, Jr. v. State

OPINION ON MOTION TO DISMISS

Before us is a motion brought under appellate rule 42.4 by the State 1 seeking the involuntary dismissal of the appeal of appellant Pedro Cruz on the ground that he escaped from custody and did not voluntarily return to custody within ten days. 2 Finding the State’s proof insufficient, we will deny the motion.

Represented by retained counsel, Cruz entered an open plea of guilty to a charge of driving while intoxicated, third offense or more, was convicted and sentenced to six years’ confinement in prison. 3 Cruz filed a notice of appeal. He also posted an appeal…