Elmer Edson Hayes v. State of Texas ( 2001 )

NO. 07-01-0229-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
OCTOBER 2, 2001
______________________________
ELMER EDSON HAYES, AKA EDDIE HAYES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 43.619-E; HONORABLE ABE LOPEZ, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
DISMISSAL
Pursuant to a guilty plea and plea bargain, appellant was convicted for reckless
injury to a child causing serious bodily injury and punishment was assessed as
recommended at ten years confinement. Appellant filed a pro se general notice of appeal
from his conviction. We dismiss this appeal for want of jurisdiction.
When an appeal is made from a judgment rendered on a defendant’s guilty plea and
the punishment assessed does not exceed the punishment recommended by the State, a
notice of appeal must comply with Rule 25.2(b)(3) of the Texas Rules of Appellate
Procedure. Moreover, the Texas Court of Criminal Appeals held in Cooper v. State, 45
S.W.3d 77, 83 (Tex.Cr.App. 2001) that voluntariness of a plea is no longer appealable
from plea-bargained felony convictions. Thus, because appellant filed a general notice
of appeal, we are without jurisdiction to entertain any possible complaints appellant might
have raised.
Accordingly, we dismiss for want of jurisdiction.
Don H. Reavis
Justice
Do not publish.
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