Abdias Kobe Espinoza v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: January 30, 2026
• Docket: 02-25-00474-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-25-00474-CR ___________________________

ABDIAS KOBE ESPINOZA, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 432nd District Court Tarrant County, Texas Trial Court No. 1851227

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

Appellant Abdias Kobe Espinoza attempts to appeal his convictions for

burglary of a habitation with intent to commit a felony other than felony theft and

aggravated robbery. See Tex. Penal Code Ann. §§ 29.03 (aggravated robbery), 30.02(d)

(burglary of a habitation with intent to commit a felony other than felony theft).

Pursuant to a charge bargain,1 Espinoza pled guilty to those counts in exchange for

the State waiving four other counts brought against him. As part of his written plea

agreement, Espinoza waived his right to appeal.

In accordance with the parties’ plea agreement, the trial court found Espinoza

guilty and sentenced him to forty-five years’ confinement on each of the non-waived

counts, with both of them to be served concurrently. Consistent with Espinoza’s plea

agreement, the trial court’s “Certification of Defendant’s Right of Appeal” states that

this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R.

App. P. 25.2(a)(2), (d).

On December 29, 2025, we notified Espinoza of the certification and warned

him that we would dismiss the appeal unless we received a response by January 8,

2026, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3.

We have received no response.

1 See Harper v. State, 567 S.W.3d 450, 454–55 (Tex. App.—Fort Worth 2019, no pet.) (discussing charge bargains).

2 In accordance with the trial court’s certification, we dismiss Espinoza’s appeal.

See Tex. R. App. P. 25.2(d), 43.2(f); see, e.g., Menendez v. State, No. 02-24-00033-CR,

2024 WL 1207297, at *1 (Tex. App.—Fort Worth Mar. 21, 2024, no pet.) (per curiam)

(mem. op., not designated for publication).

/s/ Dana Womack

Dana Womack Justice

Do Not Publish Tex.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

Delivered: January 30, 2026