Abdias Kobe Espinoza v. The State of Texas

Summary

The Court of Appeals for the Second District of Texas dismissed Abdias Kobe Espinoza’s appeal from convictions for burglary of a habitation and aggravated robbery. The court relied on the trial court’s certification that the case was a plea-bargain case with no right of appeal, as well as Espinoza’s failure to respond to the court’s notice.

Holdings

1. The court dismissed the appeal because the trial court's certification stated that Espinoza had no right of appeal, consistent with his plea agreement, and Espinoza failed to show grounds for continuing the appeal.

Questions Presented

1. Whether the court of appeals could entertain an appeal when the defendant pleaded guilty pursuant to a charge bargain, waived his right to appeal in the written plea agreement, and the trial court certified that he had no right of appeal.

Disposition

dismissed