Scott Chenonyelem Ezeh, Appellant v. The State of Texas, State (2016)

MEMORANDUM OPINION 1

On October 19, 2015, as part of a plea-bargain agreement, appellant Scott Chenonyelem Ezeh pleaded guilty to theft of property valued at less than $1,500 with two prior convictions—a third-degree felony.  See Tex. Penal Code Ann. §§ 12.425(a), 31.03(a), (e)(4)(D) (West Supp.2015).  In accordance with the agreement, the trial court sentenced Appellant to three years' confinement.  The trial court certified that Appellant had no right to appeal.  See Tex.R.App. P. 25.2(a)(2).

On February 24, 2016, Appellant filed a pro se notice of appeal in the trial court.  See Tex.R.App. P. 25.2(c), 26.2(a).  On March 8, we notified Appellant's trial counsel and Appellant that Appellant had filed a pro se notice of appeal, that the trial court certified that Appellant had no right to appeal, that the notice of appeal had been filed more than thirty days after his sentence was imposed in open court, and that we would dismiss the appeal unless Appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal no later than March 18.  See Tex.R.App. P. 25.2(d), 26.2(a), 44.3.

Appellant filed two responses and contended that he had received ineffective assistance of counsel during the plea-bargain process, but he stated that he “understands he has no rights of appeal” under rule 25.2.  The record does not reflect that Appellant's sentence exceeded the State's recommendation, that Appellant desires to appeal a matter that was raised by written motion filed and ruled on before trial, or that the trial court granted Appellant permission to appeal.  See Tex.R.App. P. 25.2(a)(2).  Additionally, Appellant did not file a motion for new trial and filed his notice of appeal more than thirty days after the trial court imposed sentence in open court.  See Tex.R.App. P. 26.2(a).  Thus, we dismiss this appeal.  See Tex.R.App. P. 25.2(d), 26.2(a), 43.2(f);  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006);  Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998).

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

PER CURIAM