Winston E. Robinson, III v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-479 CR ____________________

WINSTON E. ROBINSON III, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 77001

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MEMORANDUM OPINION ⁽¹⁾  

On April 9, 2003, the State of Texas filed a motion to dismiss for lack of jurisdiction the appeal of Winston E. Robinson III. The appellant did not respond to the motion or otherwise identify any issues unrelated to the conviction that may be raised on appeal. This is an appeal from a felony case in which the trial court followed the plea bargain agreement as to punishment. The notice of appeal did not comply with the mandatory notice requirements for appeals in plea-bargained felony cases. See Tex. R. App. P. 25.2(b)(3). Although a general notice of appeal invokes the Court's jurisdiction to consider appealable matters unrelated to the conviction, no appealable issue has been raised in response to the State's motion to dismiss. Compare, Vidaurri v. State, 49 S.W.3d 880 (Tex. Crim. App. 2001). The Court finds that the notice of appeal filed by the appellant did not invoke this Court's appellate jurisdiction. See White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). Accordingly, the State's motion to dismiss is GRANTED and the appeal is therefore dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 24, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.