Evangelos Pagonis v. State ( 2019 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00858-CR
    Evangelos PAGONIS,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2008CR6730
    Honorable Catherine Torres-Stahl, Judge Presiding
    PER CURIAM
    Sitting:         Irene Rios, Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: January 16, 2019
    DISMISSED FOR LACK OF JURISDICTION
    Pursuant to a plea bargain agreement, appellant Evangelos Pagonis pleaded nolo
    contendere to the offenses of indecency with a child by exposure and indecency with a child by
    sexual contact. The trial court sentenced appellant on February 10, 2010.
    On November 2, 2018, this court received a document titled “Appeal Order for
    Commutation of Sentence,” in which appellant appears to request that his sentences be commuted
    because his deportation to Canada is imminent.
    04-18-00858-CR
    A defendant may appeal a judgment imposing a sentence or another appealable order. See
    TEX. R. APP. P. 26.2; see also Guthrie-Nail v. State, 
    543 S.W.3d 225
    , 226-27 (Tex. Crim. App.
    2018) (noting that appellate jurisdiction is invoked when an appellant timely files a notice of appeal
    following the imposition of a sentence or the trial court enters an appealable order). It did not
    appear from the record that appellant sought to appeal the judgments imposing his sentences or
    any other appealable order. Therefore, in an order dated November 28, 2018, we ordered appellant
    to show cause in writing on or before December 10, 2018 why this appeal should not be dismissed
    for lack of jurisdiction.
    Appellant did not file a response by that date. However, appellant filed a letter that he
    signed on December 12, 2018 and was received in this court on December 19, 2018, in which he
    lists several complaints regarding what he characterizes as “the wrongfulness of the court.”
    Appellant refers to improper transcripts of a hearing appellant contends did not take place, as well
    as plea bargain papers appellant states he did not sign. Appellant additionally briefly discusses the
    Vienna Convention, his request for a pardon, and false evidence. Appellant’s letter does not
    address whether this court has jurisdiction over the matter that is the subject of his appeal.
    The record in this case indicates appellant is not seeking to appeal the judgments imposing
    his sentences or any other appealable order. Accordingly, this appeal is dismissed for lack of
    jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-18-00858-CR

Filed Date: 1/16/2019

Precedential Status: Precedential

Modified Date: 1/17/2019