David Wayne Hampton v. State

• Court: Court of Appeals of Texas
• Decided: January 23, 2003
• Docket: 13-01-00582-CR
• Status: Published

Opinion

                                   NUMBER  13-01-582-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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DAVID WAYNE HAMPTON,                                                   Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

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                        On appeal from the 252nd District Court

                                of Jefferson County, Texas.

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                                   O P I N I O N

                   Before Justices Hinojosa, Yañez, and Kennedy^[1]

                                 Opinion by Justice Kennedy

Appellant=s court-appointed attorney has filed a brief in which she has concluded that the appeal is wholly frivolous and without merit.  Anders v. California, 386 U.S. 738 (1967).  The State has also filed a brief in which it challenges the jurisdiction of this Court to hear this appeal based upon the failure of appellant to obtain permission of the trial court to appeal.  We first consider the challenge to the jurisdiction of this Court.

When a defendant pleads guilty to a felony, and the punishment assessed does not exceed that recommended by the prosecutor and agreed to by the defendant, the notice of appeal must state that the appeal is for a jurisdictional defect, or 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.  Tex. R. App. P. 25.2(b)(3).  See Cooper v. State, 45 S.W.3d 77, 79 (Tex. Crim. App. 2001).  In the case before the record shows a plea bargain which was agreed to by all parties.  The trial court followed the plea bargain, thus, the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the appellant.  Accordingly, the notice of appeal must state that the appeal is for a jurisdictional defect or 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=s notice of appeal did not comply with this rule and, therefore, fails to confer jurisdiction on this Court.

In accordance with Anders, appellant=s attorney has asked permission to withdraw as counsel for appellant.  See Anders, 386 U.S. at 744.  We grant the attorney=s motion to withdraw.  We order appellant=s attorney to notify appellant of the disposition of this appeal and of the availability of discretionary review.  See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

The appeal is DISMISSED FOR WANT OF JURISDICTION.

NOAH KENNEDY

Justice

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed

this 23rd day of January, 2003.

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^[1]Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov=t Code Ann. ' 74.003 (Vernon 1998).