Busby, Kelly Rashon v. State

Court of Appeals of Texas

Busby, Kelly Rashon v. State

DecidedJune 27, 2002

Docket01-02-00508-CR

StatusPublished

This text of Busby, Kelly Rashon v. State (Busby, Kelly Rashon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Busby, Kelly Rashon v. State, (Tex. Ct. App. 2002).

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Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00508-CR

KELLY RASHON BUSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 902607

MEMORANDUM OPINION

Appellant pleaded guilty to sexual assault, and, in accordance with a plea bargain agreement with the State, was sentenced to three years confinement. Appellant filed a timely notice of appeal. We dismiss the appeal for lack of jurisdiction.

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 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. See Tex. R. App. P. 25.2(b)(3). Appellant may not now file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).

An appellate court is without jurisdiction in felony cases such as the present one in which: (1) the defendant entered a plea of guilty or no contest based on a plea bargain agreement; (2) the trial court followed the agreement in assessing punishment; and (3) a general notice of appeal was filed. See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 83 (Tex. Crim. App. 2001).

We also note that 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 appeal for lack of jurisdiction.

All pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Schneider, and Justices Nuchia and Radack.

Do not publish.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

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In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00508-CR

KELLY RASHON BUSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 902607

MEMORANDUM OPINION

Appellant pleaded guilty to sexual assault, and, in accordance with a plea bargain agreement with the State, was sentenced to three years confinement. Appellant filed a timely notice of appeal. We dismiss the appeal for lack of jurisdiction.

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 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. See Tex. R. App. P. 25.2(b)(3). Appellant may not now file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).

An appellate court is without jurisdiction in felony cases such as the present one in which: (1) the defendant entered a plea of guilty or no contest based on a plea bargain agreement; (2) the trial court followed the agreement in assessing punishment; and (3) a general notice of appeal was filed. See White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 83 (Tex. Crim. App. 2001).

We also note that 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 appeal for lack of jurisdiction.

All pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Schneider, and Justices Nuchia and Radack.

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

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