Corbin Clancy Ochei v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 29, 2022
• Docket: 05-22-00269-CR
• Status: Published

Opinion

Dismiss and Opinion Filed July 29, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00258-CR No. 05-22-00269-CR CORBIN CLANCY OCHEI, Appellant V. THE STATE OF TEXAS, Appellee

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

MEMORANDUM OPINION Before Justices Myers, Carlyle, and Goldstein Opinion by Justice Myers 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.

220258f.u05 220269f.u05 /Lana Myers// Do Not Publish LANA MYERS TEX. R. APP. P. 47.2(b) JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CORBIN CLANCY OCHEI, On Appeal from the 204th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F19-39152-Q. No. 05-22-00258-CR V. Opinion delivered by Justice Myers. Justices Carlyle and Goldstein THE STATE OF TEXAS, Appellee participating.

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

Judgment entered this 29th day of July, 2022.

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CORBIN CLANCY OCHEI, On Appeal from the 204th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F21-41437-Q. No. 05-22-00269-CR V. Opinion delivered by Justice Myers. Justices Carlyle and Goldstein THE STATE OF TEXAS, Appellee participating.

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

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