Eligah Darnell v. the State of Texas ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00076-CR
___________________________
ELIGAH DARNELL, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court No. 1575071D
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
Under the terms of a plea-bargain agreement, Appellant Eligah Darnell pleaded
guilty to failing to register as a sex offender. Darnell now attempts to appeal the trial
court’s denial of a motion to dismiss that he had filed prior to pleading guilty.
Rule 25.2(a)(2)(A) of the Texas Rules of Appellate Procedure provides that in a plea-
bargain case, a defendant may appeal “matters that were raised by written motion filed
and ruled on before trial.” Tex. R. App. P. 25.2(a)(2)(A). Here, however, the record
shows that, prior to entering the plea-bargain agreement, Darnell signed written plea
admonishments in which he agreed to “give up and waive all pretrial motions that
may have been filed in [his] case” and agreed to “give up and waive any and all rights
of appeal in this case.”
On October 15, 2021, we notified Darnell of our concern that we lack
jurisdiction over his appeal, both because the trial court’s certification states that this
is a plea-bargain case and that Darnell has no right of appeal, and because the record
contains written plea admonishments in which Darnell agreed to waive all pretrial
motions and all rights of appeal. We informed Darnell that we could dismiss his
appeal unless he or any party desiring to continue the appeal filed a response showing
grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 43.2(f), 44.3. While
Darnell filed a response, it does not show grounds for continuing the appeal.1
1
Darnell states that he “do[es] not recall signing any document waiving all pre-
trial motions and any and all rights of appeal in this case.”
2
Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(a)(2)(A), (d), 43.2(f); see
also Barbee v. State, Nos. 02-14-00168-CR, 02-14-00169-CR, 2014 WL 3778278, at *1
(Tex. App.—Fort Worth July 31, 2014, no pet.) (per curiam) (mem. op., not
designated for publication) (dismissing appeal from a plea-bargain case where the
appellant had waived all pretrial motions); Sims v. State, No. 02-13-00371-CR, 2013
WL 6327379, at *1 (Tex. App.—Fort Worth Dec. 5, 2013, no pet.) (per curiam)
(mem. op., not designated for publication) (same).
/s/ Dana Womack
Dana Womack
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: November 10, 2021
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