Larry Lynn Duhon v. State ( 2002 )

Larry Lynn Duhon v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-02-190-CR

No. 10-02-191-CR

     LARRY LYNN DUHON,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 252nd District Court

Jefferson County, Texas

Trial Court Nos. 84488 and 84820

MEMORANDUM OPINION

      Larry Lynn Duhon pleaded guilty to unauthorized use of a motor vehicle in trial court cause no. 84488 (appellate cause no. 10-02-190-CR). Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed Duhon on unadjudicated community supervision for five years.

      Duhon pleaded guilty to possession of cocaine in the amount of one gram or more but less than four grams in trial court cause no. 84820 (appellate cause no. 10-02-191-CR). The parties struck the same plea bargain in this case, and the trial court placed Duhon on unadjudicated community supervision for a period of five years.

      Six months later, the court adjudicated Duhon’s guilt in both cases. The court sentenced him to two years’ incarceration in a state jail for the unauthorized use charge and three years’ imprisonment for the cocaine charge. Duhon filed a general notice of appeal in both cases.

      To properly invoke the jurisdiction of this Court over an appeal from a negotiated guilty plea, an appellant must file a notice of appeal which complies with Rule of Appellate Procedure 25.2(b)(3). See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(b)(3). This rule applies with equal force to “an appeal, made either before or after an adjudication of guilt, by a defendant placed on deferred adjudication who challenges an issue relating to his conviction.” Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002).

      Duhon’s general notices of appeal do not comply with Rule 25.2(b)(3). Accordingly, we dismiss his appeals for want of jurisdiction.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed July 31, 2002

Do not publish

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