James Kevin Hebert v. State

James Kevin Hebert v. State

WITHDRAWN

12/31/02

IN THE

TENTH COURT OF APPEALS

No. 10-02-272-CR

     JAMES KEVIN HEBERT,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the Criminal District Court

Jefferson County, Texas

Trial Court # 83635

MEMORANDUM OPINION

      Pursuant to a plea agreement, the court placed James Kevin Hebert on deferred adjudication community supervision for possession of less than one gram of cocaine. One year later, the court adjudicated Hebert’s guilt and sentenced him to one year of confinement in a state jail. Hebert filed a general notice of appeal.

      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). 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).

      Hebert’s general notice of appeal does not comply with Rule 25.2(b)(3). Although he filed a request for permission to appeal, the record does not reflect that the trial court considered or ruled on this request. Accordingly, we dismiss his appeal 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 October 30, 2002

Do not publish

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