Juan Jose Ramirez, Jr. v. State ( 2002 )

No. 04-02-00474-CR Juan Jose RAMIREZ, Jr., Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2001CR4344W Honorable Sam Katz, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. López, Justice

Catherine Stone, Justice

Delivered and Filed: October 16, 2002

DISMISSED FOR LACK OF JURISDICTION

Juan Jose Ramirez, Jr. seeks to appeal his felony conviction based on a plea of guilty. The punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Ramirez. To invoke the court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Ramirez's amended notice of appeal stated that the trial court granted permission to appeal. Because our record did not contain any evidence to support this statement, we issued a show cause order directing Ramirez to provide written proof that permission was granted. Ramirez's attorney responded to our order stating that the trial court had verbally granted permission to appeal. We issued a second order, noting that our record must affirmatively substantiate the jurisdictional allegations contained in Ramirez's amended notice of appeal in order for this court to have jurisdiction to consider the appeal. Sherman v. State, 12 S.W.3d 489, 492 (Tex. App.--Dallas 1999, no pet.). We ordered Ramirez's attorney to provide a record citation to support the statement or to obtain a written order from the trial court documenting that permission was granted. Ramirez's attorney has not responded to our order. Because our record does not contain evidence to substantiate the statement made in Ramirez's amended notice of appeal, this appeal is dismissed for lack of jurisdiction. See id.

PER CURIAM

DO NOT PUBLISH