From Casetext: Smarter Legal Research

Ochei v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 29, 2022
No. 05-22-00258-CR (Tex. App. Jul. 29, 2022)

Opinion

05-22-00258-CR 05-22-00269-CR

07-29-2022

CORBIN CLANCY OCHEI, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F19-39152-Q & F21-41437-Q

Before Justices Myers, Carlyle, and Goldstein

MEMORANDUM OPINION

LANA MYERS JUSTICE

Corbin Clancy Ochei appeals his convictions for aggravated robbery with a deadly weapon and deadly conduct. Because we had questions about our jurisdiction over these appeals, we requested letter briefs from appellant and the State. After reviewing the clerk's and reporter's records as well as the jurisdictional briefing, we dismiss these appeals.

Appellant, who was represented by counsel, entered into a negotiated plea bargain with the State. Under the terms, appellant pleaded guilty to each offense and waived his right to appeal in exchange for the State's recommendation of a cap of twenty years in the aggravated robbery case. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court admonished appellant, including that he was waiving his right to appeal under the plea bargain agreements. The trial court then accepted appellant's guilty pleas and assessed punishment at eighteen years in prison for the aggravated robbery with a deadly weapon case and ten years in prison for the deadly conduct case. The trial court prepared and signed rule 25.2(d) certifications of the right to appeal stating these are plea-bargain cases, and appellant has no right of appeal. See Tex. R. App. P. 25.2(d). The certifications are supported by the clerk's and reporter's records. And in his jurisdictional letter brief, appellant concedes he waived his right to appeal. See Dears v. State, 154 S.W.3d 610, 614- 15 (Tex. Crim. App. 2005). Because appellant waived his right to appeal in conjunction with the plea agreements, we conclude we lack jurisdiction See Tex. R. App. P. 25.2(a), (d); Lundgren v. State, 434 S.W.3d 594, 599 (Tex. Crim. App. 2014).

We dismiss these appeals.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal.


Summaries of

Ochei v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 29, 2022
No. 05-22-00258-CR (Tex. App. Jul. 29, 2022)
Case details for

Ochei v. State

Case Details

Full title:CORBIN CLANCY OCHEI, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 29, 2022

Citations

No. 05-22-00258-CR (Tex. App. Jul. 29, 2022)