COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-10-166-CR
JAMES EDW ARD STEPHENS APPELLANT
V.
THE STATE OF TEXAS STATE
------------
FROM THE 97TH DISTRICT COURT OF MONTAGUE COUNTY
------------
MEMORANDUM OPINION 1
------------
Pursuant to a plea bargain, Appellant James Edward Stephens pleaded guilty
to aggravated assault on a public servant and evading arrest. See Tex. Penal Code
Ann. §§ 22.02(b)(2)(B), 38.04(a) (Vernon Supp. 2009). The trial court sentenced
Appellant to five years’ confinement for aggravated assault and two years’
confinement for evading arrest. The trial court’s certification of Appellant’s right of
appeal states that this is “a plea bargain case, and the defendant has NO right of
appeal.” Appellant filed a pro se notice of appeal in which he asserts that he has
1
See Tex. R. App. P. 47.4.
“received new evidence that would make his plea involuntary.” Appellant filed a pro
se motion for extension of time to respond to this court’s inquiry into its jurisdiction,
and Appellant’s court-appointed counsel advised this court by letter that he knows
of no reason why this appeal should continue.
Appellant’s assertion of receiving new evidence is not a valid ground for
continuing the appeal. See Tex. R. App. P. 25.2(a)(2); Chavez v. State, 183 S.W .3d
675, 680 (Tex. Crim. App. 2006) (holding that if appellant fails to meet either of the
exceptions in rule 25.2(a)(2), “no inquiry into even possibly meritorious claims may
be made”). Accordingly, we deny Appellant’s motion for extension of time to respond
and dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez, 183 S.W .3d
at 680.
PER CURIAM
PANEL: GARDNER, W ALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 10, 2010
2