Bryan Keith Brownfield v. State ( 2003 )

  















In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-03-00007-CR ______________________________



BRYAN KEITH BROWNFIELD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 177th Judicial District Court Harris County, Texas Trial Court No. 912414

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Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Bryan Keith Brownfield entered a plea of guilty and was convicted of the offense of possession of one or more grams but less than four grams of cocaine. Under the negotiated plea agreement, the trial court assessed Brownfield's punishment at imprisonment for three years.

A defendant with the benefit of a negotiated plea agreement is barred from appealing errors unless the defendant specifically states in the notice of appeal: a jurisdictional defect; the issue was raised by written motion and ruled on before trial; or that the defendant has permission from the trial court to appeal the issue. See Tex. R. App. P. 25.2(b)(3). When an appellant fails to comply with the extra-notice requirements of Rule 25.2(b), courts of appeals lack jurisdiction. Cooper v. State, 45 S.W.3d 77, 78, 83 (Tex. Crim. App. 2001).

Brownfield's general notice of appeal does not state: the appeal is for a jurisdictional defect; the substance of the appeal was raised by written motion and ruled on before trial; or the trial court granted permission to appeal. This Court, therefore, is without jurisdiction. See Tex. R. App. P. 25.2(b)(3); Whitt v. State, 45 S.W.3d 274, 275 (Tex. App.-Austin 2001, no pet.); Scott v. State, 995 S.W.2d 325, 326 (Tex. App.-Houston [1st Dist.] 1999, no pet.); Trollinger v. State, 987 S.W.2d 166, 167 (Tex. App.-Dallas 1999, no pet.).

The appeal is dismissed for want of jurisdiction.

Jack Carter

Justice

Date Submitted: February 24, 2003

Date Decided: February 25, 2003

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