Stiles, Andrew v. State ( 2002 )

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00142-CR

____________

ANDREW STILES, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 01CR1323

---

O P I N I O N ⁽¹⁾

Appellant pleaded guilty to assault on a public servant, and, in accordance with a plea bargain agreement with the State, was sentenced to nine years confinement. Appellant filed a timely notice of appeal. We dismiss the appeal for lack of jurisdiction.

Appellant filed a general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure in that it did not state that the appeal was for a jurisdictional defect, that the substance of the appeal was raised by written motion and ruled on before trial, or that the trial court granted permission to appeal. See Tex. R. App. P. 25.2(b)(3). Appellant may not now file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).

The Court of Criminal Appeals has held that an appellate court is without jurisdiction in felony cases such as the present one in which: (1) the defendant entered a plea of guilty or no contest based on a plea bargain agreement; (2) the trial court followed the agreement in assessing punishment; and (3) a general notice of appeal was filed. See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 83 (Tex. Crim. App. 2001).

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Mirabal, Hedges, and Jennings.

Do not publish. Tex. R. App. P. 47.

1.

Hon. Wayne Mallia presided.