Opinion
NO. 02-16-00349-CR
10-27-2016
JAMES G. MITCHELL APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NO. 1404378D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant James G. Mitchell attempts to appeal from his plea-bargained conviction and ten-year sentence for continuous violence against a family member. With the assistance of counsel, appellant entered into a plea bargain and judicially confessed to that offense. The trial court accepted appellant's 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.
See Tex. Penal Code Ann. § 25.11(a) (West 2011). --------
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 DO NOT PUBLISH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