Alexander Gonzalez v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-02-00063-CR
Alexander Gonzalez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT
NO. 007833, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING
Appellant Alexander Gonzalez pleaded guilty to possessing cocaine with intent to deliver.
See Tex. Health & Safety Code Ann. ' 481.112 (West Supp. 2002). As called for in a plea bargain
agreement, the district court deferred proceedings without adjudicating guilt and placed appellant on
community supervision. Appellant filed a general 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). Appellant=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.).
Appellant=s amended notice of appeal, by which he sought to comply with rule 25.2(b), was not filed within
the time allowed for perfecting appeal and therefore does not cure the jurisdictional defect. See State v.
Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000) (rule 25.2(d) inapplicable).
The appeal is dismissed for want of jurisdiction.
__________________________________________
Mack Kidd, Justice
Before Justices Kidd, Patterson and Puryear
Dismissed for Want of Jurisdiction
Filed: May 31, 2002
Do Not Publish
2