Littlejohn Grogan v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-187 CR ____________________

LITTLEJOHN GROGAN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 78400

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MEMORANDUM OPINION  

Littlejohn Grogan entered a guilty plea in Cause No. 78400 to the state jail felony offense of theft. Tex. Pen. Code Ann. § 31.03 (a), (e)(4) (Vernon 2003). Following a plea bargain agreement between Grogan and the State, the trial court deferred adjudication of guilt, then placed Grogan on community supervision for five years and fined him $500. In a subsequent hearing, the trial court found that Grogan violated the terms of the community supervision order. The trial court assessed punishment at two years of confinement in the Texas Department of Criminal Justice, State Jail Division.   

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 November 21, 2002, we granted Grogan an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

The notice of appeal filed by Grogan failed to invoke our appellate jurisdiction to review issues relating to his conviction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). ⁽¹⁾ Although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which Grogan was punished, no error relating to punishment was preserved. Vidaurri v. State, 49 S.W.3d 880, 883, 885 (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).

The judgment is AFFIRMED.

PER CURIAM

Submitted on March 26, 2003

Opinion Delivered April 2, 2003

Do Not Publish

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

1. For appeals commenced before January 1, 2003, in a plea-bargained, felony case, the notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal.

Tex. R. App. P. 25.2(b)(3).