Derrek Joseph Hernandez v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-321 CR ____________________

DERREK JOSEPH HERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 76924

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MEMORANDUM OPINION

Derrek Joseph Hernandez pleaded guilty to aggravated assault pursuant to a plea bargain. The trial court deferred adjudication, placed Hernandez under community supervision and assessed a fine of one thousand dollars. Subsequently, the State moved to adjudicate guilt. Hernandez pleaded true to the allegations in the State's motion. The trial court found Hernandez guilty and sentenced him to ten years' confinement in the Texas Department of Criminal Justice, Institutional Division. Hernandez filed a general notice of appeal.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On December 12, 2002, Hernandez was given an extension of time in which to file a pro se brief. Hernandez filed a brief which only requests that we reverse the judgment and give him another opportunity to attend a substance abuse program.

The general notice of appeal filed by Hernandez failed to invoke our appellate jurisdiction. See Tex. R. App. P. 25.2(b)(3); Vidaurri v. State, 49 S.W.3d 880, 883-85 (Tex. Crim. App. 2001). We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Hernandez raises no arguable issue for review. See Tex. R. App. P. 33.1. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on March 28, 2003

Opinion Delivered April 9, 2003

Do not publish

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