Richo, Jr., Eliseo v. State

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-02-00702-CR

01-02-00703-CR

____________

ELISEO RICHO, JR.

aka ELICO RICHO, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 896732 and 896252

---

MEMORANDUM OPINION

Appellant pleaded guilty to two charges of aggravated robbery and, in accordance with a plea bargain agreement with the State, was sentenced to 9 1/2 years confinement in each case. Appellant timely filed general notices of appeal after denial of his motion for new trial. We dismiss the appeals for lack of jurisdiction.

When a defendant in a criminal case pleads guilty or no contest after having reached a plea bargain agreement with the State, and the trial judge sentences the defendant in accordance with the plea bargain agreement, the notice of appeal must comply with Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. The rule states that, in such a case, "the notice must: (A) specify that the appeal is for a jurisdictional defect; (B) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (C) state that the trial court granted permission to appeal." Tex. R. App. P. 25.2(b)(3).

If the notice of appeal does not meet the rule's requirements, the appellate court does not have jurisdiction over the appeal. See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001) (holding general notice of appeal in plea-bargained case did not invoke jurisdiction of appellate court to consider jurisdictional defects); Davis v. State, 870 S.W.2d 43, 46 (Tex. Crim. App. 1994) (holding general notice of appeal in plea-bargained case failed to confer jurisdiction to review trial court's ruling on pretrial suppression motion under former Rule 40(b)(1), predecessor to Rule 25.2(b)(3)).

Appellant filed general notices of appeal that did not comply with the requirements of Rule 25.2(b)(3) in that they 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. Appellant may not now file an amended notice of appeal to correct jurisdictional defects because the time for filing notice of appeal has expired. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).

We also note that appellant waived his right to appeal in each case if the trial court followed the plea bargain agreement. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.).

Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. ⁽¹⁾

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

1.

The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.