Andrews, Darren Keith v. State

• Court: Court of Appeals of Texas
• Decided: May 9, 2002
• Docket: 14-02-00127-CR
• Status: Published

Opinion

Dismissed and Opinion filed May 9, 2002

Dismissed and Opinion filed May 9, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00127-CR

DARREN KEITH ANDREWS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 871,217

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of possession of a firearm by a felon.  In accordance with the terms of a plea bargain agreement with the State, on December 26, 2001, the trial court sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  As part of the plea bargain agreement, appellant signed a written waiver of his right to appeal.  We dismiss.

To invoke an appellate court=s jurisdiction over an appeal, an appellant must give timely and proper notice of appeal.  White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001).  Appellant filed a general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 25.2(b)(3).  Rule 25.2(b)(3) provides that when an appeal is from a judgment rendered on a defendant=s plea of guilty or nolo contendere and the punishment assessed does not exceed the punishment recommended by the State and agreed to by the defendant, the notice of appeal must:  (1) specify that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) state that the trial court granted permission to appeal.  Id.  The time for filing a proper notice of appeal has expired; thus appellant may not file an amended notice of appeal to correct jurisdictional defects.  State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).  Because appellant=s notice of appeal did not comply with the requirements of Rule 25.2(b)(3), we are without jurisdiction to consider any of appellant=s issues, including the voluntariness of the plea.  See Cooper v. State, 45 S.W.2d 77, 83 (Tex. Crim. App. 2001) (holding that appellant who files general notice of appeal may not appeal voluntariness of negotiated plea). 

Moreover, appellant entered a guilty plea, signed a written waiver of his right to appeal, and the trial court followed the plea bargain agreement in assessing punishment.  Despite having waived the right to appeal, appellant filed a notice of appeal.  Appellant chose to enter into an agreement that included a waiver of the right to appeal.  Appellant was informed of his right to appeal, knew with certainty the punishment he would receive, and that he could withdraw his plea if the trial court did not act in accordance with the plea agreement.  As appellant was fully aware of the consequences when he waived his right to appeal, it is Anot unfair to expect him to live with those consequences now.@  Alzarka v. State, 60 S.W.3d 203, 206 (Tex. App.BHouston [14th Dist.] July 26, 2001, pet. filed September 28, 2001) (quoting Mabry v. Johnson, 467 U.S. 504, 104 S.Ct. 2543, 2547-48 (1984)); see also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Buck v. State, 45 S.W.3d 275, 278 (Tex. App.CHouston [1st Dist.] 2001, no pet.). 

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Opinion filed May 9, 2002.

Panel consists of Chief Justice Brister and Justices Anderson and Frost.

Do Not Publish C Tex. R. App. P. 47.3(b).