James G. Mitchell v. State

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 DO NOT PUBLISH Tex.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