DocketNumber： 04-02-00474-CR
Filed Date： 10/16/2002
Status： Precedential
Modified Date： 9/7/2015
PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Alma L. López, Justice
Catherine Stone, Justice
Delivered and Filed: October 16, 2002
DISMISSED FOR LACK OF JURISDICTION
Juan Jose Ramirez, Jr. seeks to appeal his felony conviction based on a plea of guilty. The punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Ramirez. To invoke the court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Ramirez's amended notice of appeal stated that the trial court granted permission to appeal. Because our record did not contain any evidence to support this statement, we issued a show cause order directing Ramirez to provide written proof that permission was granted. Ramirez's attorney responded to our order stating that the trial court had verbally granted permission to appeal. We issued a second order, noting that our record must affirmatively substantiate the jurisdictional allegations contained in Ramirez's amended notice of appeal in order for this court to have jurisdiction to consider the appeal. Sherman v. State, 12 S.W.3d 489, 492 (Tex. App.--Dallas 1999, no pet.). We ordered Ramirez's attorney to provide a record citation to support the statement or to obtain a written order from the trial court documenting that permission was granted. Ramirez's attorney has not responded to our order. Because our record does not contain evidence to substantiate the statement made in Ramirez's amended notice of appeal, this appeal is dismissed for lack of jurisdiction. See id.
PER CURIAM
DO NOT PUBLISH