Baty, Derrick DeWayne v. State

• Court: Court of Appeals of Texas
• Decided: August 15, 2002
• Docket: 01-02-00640-CR
• Status: Published

Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-02-00640-CR

01-02-00641-CR

DERRICK DEWAYNE BATY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause Nos. 891008 and 911133

MEMORANDUM OPINION

Appellant pleaded guilty to possession of cocaine, weighing more than four grams and less than 200 grams, and to unlawful possession of a firearm. In accordance with a plea bargain agreement with the State, he was sentenced to six years confinement in each case. Appellant timely filed a general notice of appeal in both cause numbers. 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 a general notice of appeal bearing both cause numbers that did not comply with the requirements of Rule 25.2(b)(3) in that it 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 in each case appellant waived his right to appeal 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 Mirabal, Taft, and Alcala.

Do not publish.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