Donald Barnes v. State of Texas

57 S.W.3d 660, 2001 Tex. App. LEXIS 7181

Opinions

OPINION

WALKER, Chief Justice.

Donald Barnes pleaded guilty to evading detention, and also entered a plea of “true” to two prior felony convictions. See Tex. Pen.Code Ann. § 38.04 (Vernon Supp. 2001). Barnes’s indictment did not allege whether the two prior convictions were sequential but rather stated that, prior to the commission of the primary offense, Barnes was convicted for one previous felony on January 9, 1992, and convicted for the second on May 4, 1992. The indictment did not provide the dates that the enhancement offenses were committed.

At the time of Barnes’s plea, the trial court questioned whether the prior of fenses were required to be sequential, but ultimately accepted Barnes’s pleas. At the plea hearing, Barnes was admonished that the evading detention offense was a second degree felony, with a possible punishment range of two to twenty years and a possible fine of up to $10,000. Barnes and the State had agreed to a punishment recommendation of five years confinement in the Institutional Division of the Texas Department of Criminal Justice. The record reflects the trial court followed the punishment recommendation and assessed the five year punishment. The record, however, contains neither a motion for new trial, nor a request to the trial court for permission to appeal.

The general notice of appeal filed by Barnes does not comply with Tex.R.App. P. 25.2(b)(3), as it must in order for Barnes to pursue his appeal from a plea-bargained judgment. See Cooper v. State, 45 S.W.3d 77, 81 (Tex.Crim.App.2001). Therefore, pursuant to Rule 25.2(b)(3), this Court lacks jurisdiction to consider any matters raised by Barnes in his direct appeal. Barnes’s appeal is dismissed for lack of jurisdiction by this Court.

APPEAL DISMISSED.