Charles Montgomery v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-355 CR ____________________

CHARLES MONTGOMERY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 82831

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MEMORANDUM OPINION  

Charles Montgomery pleaded guilty to the state jail felony offense of delivery of a controlled substance, cocaine, in an amount of less than one gram. See Tex. Health & Safety Code Ann. § 481.112 (a),(b) (Vernon Supp. 2003). In accordance with the terms of a plea bargain agreement, the trial court deferred adjudication of guilt and placed Montgomery on community supervision for four years. In a subsequent hearing, the trial court found that Montgomery violated the terms of the community supervision order, proceeded with adjudication, and sentenced Montgomery to twelve months 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 October 24, 2002, we granted Montgomery 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 Montgomery 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 Montgomery 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 February 4, 2003

Opinion Delivered February 12, 2003

Do Not Publish

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

1. For appeals commenced before January 1, 2003, the notice of appeal in a plea-bargained felony case 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).