James G. Mitchell v. State ( 2016 )


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  •                            COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-16-00349-CR
    JAMES G. MITCHELL                                                     APPELLANT
    V.
    THE STATE OF TEXAS                                                         STATE
    ----------
    FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
    TRIAL COURT NO. 1404378D
    ----------
    MEMORANDUM OPINION1
    ----------
    Appellant James G. Mitchell attempts to appeal from his plea-bargained
    conviction and ten-year sentence for continuous violence against a family
    member.2 With the assistance of counsel, appellant entered into a plea bargain
    and judicially confessed to that offense.      The trial court accepted appellant’s
    1
    See Tex. R. App. P. 47.4.
    2
    See Tex. Penal Code Ann. § 25.11(a) (West 2011).
    guilty plea, convicted him, and sentenced him to the agreed term of ten years.
    Appellant and his counsel signed a certification stating that appellant had entered
    into a plea bargain and had “NO right of appeal.” Nonetheless, a few days later,
    appellant filed a pro se notice of appeal.
    After we received the notice of appeal, we sent a letter to appellant in
    which we reminded him of the statement in the certification and informed him that
    we would dismiss the appeal unless he showed grounds for continuing it. See
    Tex. R. App. P. 25.2(a)(2), (d), 44.3. Appellant responded to our letter, but his
    response did not show adequate grounds for continuing the appeal. Thus, we
    dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 
    183 S.W.3d 675
    , 680 (Tex. Crim. App. 2006).
    PER CURIAM
    PANEL: LIVINGSTON, C.J.; WALKER and MEIER, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: October 27, 2016
    2
    

Document Info

Docket Number: 02-16-00349-CR

Filed Date: 10/27/2016

Precedential Status: Precedential

Modified Date: 11/1/2016