Thomas Lee Suarez v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-02-00721-CR
Thomas Lee Suarez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT
NO. 02-613-K368, HONORABLE BURT CARNES, JUDGE PRESIDING
Thomas Lee Suarez was convicted of retaliation following a plea of guilty. See Tex. Pen.
Code Ann. ' 36.06 (West Supp. 2002). As called for in a plea bargain agreement, the district court
assessed punishment at imprisonment for ten years and a $2500 fine, suspended imposition of sentence, and
placed Suarez on community supervision. Suarez filed a pro se notice of appeal.
When a defendant pleads guilty to a felony and the punishment assessed does not exceed
that recommended by the prosecutor and agreed to by the defendant, the notice of appeal must state that
the appeal is for a jurisdictional defect, or that the substance of the appeal was raised by written motion and
ruled on before trial, or that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); see
also Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001) (rule 25.2(b) limits every appeal in a
plea bargain, felony case). Suarez=s notice of appeal does not comply with this rule and fails to confer
jurisdiction on this Court. Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.CAustin 2001, no pet.).
The appeal is dismissed for want of jurisdiction.
Bea Ann Smith, Justice
Before Justices Kidd, B. A. Smith and Yeakel
Dismissed for Want of Jurisdiction
Filed: December 5, 2002
Do Not Publish
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