Abdias Kobe Espinoza v. the State of Texas

CourtListener 10782736Txctapp230 janv. 2026

Texte intégral

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Do Not Publish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

3

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