Orvis Wayne Porter v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJuly 23, 2026
Docket02-26-00205-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00205-CR
___________________________
ORVIS WAYNE PORTER, Appellant
V.
THE STATE OF TEXAS
On Appeal from County Criminal Court No. 1
Denton County, Texas
Trial Court No. CR-2023-04069-A
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Orvis Wayne Porter, proceeding pro se, attempts to appeal his
conviction for resisting arrest. See Tex. Penal Code § 38.03. Pursuant to a plea
agreement, Porter pleaded “nolo contend[e]re” to that offense in exchange for the
State’s recommending that his punishment be assessed at sixty days in jail. As part of
the written plea agreement, Porter waived “all rights to appeal” and “[a]ll written
motions on file,” and he was admonished that if the trial court followed the plea
agreement, he could not appeal his case without permission from the trial court.
In accordance with the parties’ agreement, the trial court found Porter guilty
and sentenced him to sixty days in jail. The trial court’s “Certification of Defendant’s
Right of Appeal,” which was signed by Porter, 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). The
trial court also certified that Porter “has waived the right of appeal.”
After we received a copy of Porter’s notice of appeal, we notified him that we
had received the trial court’s certification stating that this is a plea-bargain case, that
he has no right of appeal, and that he waived the right of appeal. We warned him that
this appeal could be dismissed unless he filed a response showing grounds for
continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. Porter filed a response, but it
does not show grounds for continuing the appeal. 1
In his response, Porter argues that he received ineffective assistance of
1
counsel, that his plea was involuntary, that the trial court failed to give him a mental-
2
Thus, in accordance with the trial court’s certification, we dismiss this appeal.
See Tex. R. App. P. 25.2(d), 43.2(f); Koutsoufis, 2025 WL 2264059, at *2; Brown, 2021
WL 3205065, at *1.
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: July 23, 2026
health evaluation, that there was a Fourth Amendment violation, that there was an
“out jurisdiction” violation, that there was illegally obtained evidence, and that there
was an “actual innocent violation.” This list of complaints, however, does not provide
a valid basis for continuing the appeal. See Koutsoufis v. State, No. 02-25-00214-CR,
2025 WL 2264059, at *1 (Tex. App.—Fort Worth Aug. 7, 2025, no pet.) (mem. op.,
not designated for publication). Indeed, this case does not fit any of the recognized
bases for appeal of a bargained-for sentence. See Tex. Code Crim. Proc. art. 44.02;
Tex. R. App. P. 25.2(a)(2); Brown v. State, No. 02-21-00083-CR, 2021 WL 3205065, at
*1 (Tex. App.—Fort Worth July 29, 2021, no pet.) (mem. op., not designated for
publication).
3