Danny Ochoa v. State

Court of Appeals of Texas

Danny Ochoa v. State

DecidedJune 19, 2002

Docket04-02-00193-CR

StatusPublished

This text of Danny Ochoa v. State (Danny Ochoa 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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Danny Ochoa v. State, (Tex. Ct. App. 2002).

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No. 04-02-00193-CR Danny OCHOA, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-1671 Honorable Sam Katz, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: June 19, 2002

DISMISSED FOR LACK OF JURISDICTION

Danny Ochoa seeks to appeal his felony conviction based on a plea of guilty. The punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Ochoa. To invoke the court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Because Ochoa's notice of appeal does not meet any of the requirements of rule 25.2(b)(3), our jurisdiction has not been properly invoked, and the appeal is dismissed for lack of jurisdiction. See White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001).

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No. 04-02-00193-CR Danny OCHOA, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-1671 Honorable Sam Katz, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: June 19, 2002

DISMISSED FOR LACK OF JURISDICTION

Danny Ochoa seeks to appeal his felony conviction based on a plea of guilty. The punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Ochoa. To invoke the court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Because Ochoa's notice of appeal does not meet any of the requirements of rule 25.2(b)(3), our jurisdiction has not been properly invoked, and the appeal is dismissed for lack of jurisdiction. See White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001).

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