Sivi Dede Sindi Dede v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: May 21, 2026
• Docket: 02-26-00128-CR
• Status: Published

Opinion

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

No. 02-26-00128-CR ___________________________

SIVI DEDE, Appellant

V.

THE STATE OF TEXAS

On Appeal from 297th District Court Tarrant County, Texas Trial Court No. 1793521

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Appellant Sivi Dede1 was charged by indictment with five counts of aggravated

assault with a deadly weapon. See Tex. Penal Code § 22.02(a)(2). Pursuant to a charge

bargain, Appellant entered open pleas of guilty to only two counts of that indictment.2

See id. Under the bargain, the State agreed to waive the three other counts. This

agreement is reflected in the trial court’s certification of Appellant’s right of appeal,

which shows that this is a plea-bargain case for which Appellant has no right of

appeal. See Tex. R. App. P. 25.2(a)(2), (d)–(e); see also Marsh v. State, No. 02-21-00150-

CR, 2023 WL 2178406, at *3 (Tex. App.—Fort Worth Feb. 23, 2023, no pet.) (mem.

op., not designated for publication) (reiterating that charge bargains qualify as plea

bargains under Tex. R. App. P. 25.2(a)(2)).

On April 16, 2026, we notified Appellant by letter that the trial court’s

certification of his right of appeal states that this is a plea-bargain case and that he has

no right of appeal. See Tex. R. App. P. 25.2(a)(2). We warned Appellant that unless

The plea admonishments and the notice of appeal refer to Appellant as Sindi 1

Dede, but the judgments of conviction refer to him as Sivi Dede Sindi Dede. 2 The term “open plea” is often utilized to refer to a myriad of different types of pleas that a defendant might enter, but it is sometimes a misnomer. See Harper v. State, 567 S.W.3d 450, 454–55 (Tex. App.—Fort Worth 2019, no pet.) (discussing the use of the term “open plea” in the various settings it has been used, interpreted, and reviewed and whether it should be used at all). We use the term “open plea” in this case because that is how the plea is referred to in the trial court’s written plea admonishments and in the trial court’s judgments. Here, Appellant entered his pleas without the benefit of an agreement with the State regarding sentencing (a sentencing bargain). Rather, Appellant’s punishment was left for the trial court to decide.

2 he filed a response showing grounds for continuing the appeal, this appeal could be

dismissed. See Tex. R. App. P. 25.2(d), 44.3. Appellant filed a response, but it does

not show grounds for continuing this appeal.

Rule 25.2(a) allows a plea-bargaining defendant to appeal only (A) those

matters that were raised by written motion filed and ruled on before trial, (B) after

getting the trial court’s permission to appeal, or (C) where the specific appeal is

expressly authorized by statute. Tex. R. App. P. 25.2(a)(2). Appellant does not

identify any written pretrial motions that he wishes to appeal, the trial court did not

give him permission to appeal, and the appeal is not expressly authorized by statute.

See id. Appellant therefore has no right of appeal. See Tex. R. App. P. 25.2(a), (d).

Further, this court has no authority to do anything but dismiss the appeal. See Chavez

v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

In accordance with the trial court’s certification, we dismiss Appellant’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/ Brian Walker

Brian Walker Justice

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

Delivered: May 21, 2026