James Arua Agbeze v. State, 01-16-00739-CR

James Arua Agbeze was convicted on February 11, 2013, of theft of property by a government contractor; jury sentenced him to seven years’ community supervision, a $10,000 fine, 90 days in jail as a condition, and $18,169.45 restitution.
This Court previously affirmed Agbeze’s conviction on direct appeal.
Agbeze filed a writ of habeas corpus claiming actual innocence in 2015; the trial court denied relief and the Fourteenth Court of Appeals affirmed that denial.
On August 19, 2016, Agbeze filed a pro se notice of appeal in this Court; record materials and letters suggested confusion about whether he sought a second appeal or an appeal to a federal court.
The Court concluded it lacked jurisdiction to hear a second appeal from either the conviction or the habeas denial because those judgments had been finally resolved on prior appeal.
The Court issued a notice of intent to dismiss for lack of jurisdiction; Agbeze did not respond, so the Court dismissed the appeal and any pending motions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether this Court has jurisdiction to hear the current appeal	Agbeze sought to appeal (either his conviction or habeas denial); he filed a notice of appeal	State: judgments already finally resolved; no entitlement to a second appeal	Dismissed for lack of jurisdiction — second appeal not permitted

Ex parte Agbeze, 479 S.W.3d 529 (Tex. App.—Houston [14th Dist.] 2015) (affirming denial of Agbeze’s habeas application)
McDonald v. State, 401 S.W.3d 360 (Tex. App.—Amarillo 2013) (a litigant is not entitled to more than one appeal from the same conviction)