Ernest Green v. State

Opinion

Ernest Green v. State

IN THE

TENTH COURT OF APPEALS

No. 10-02-281-CR

     ERNEST GREEN,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 252nd District Court

Jefferson County, Texas

Trial Court # 67350

MEMORANDUM OPINION

      Ernest Green pleaded guilty to theft of property valued at $750 or more but less than $20,000. Green pleaded true to enhancement allegations, increasing the punishment range to that provided for an habitual offender. Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed Green on unadjudicated community supervision for ten years. The court subsequently adjudicated Green’s guilt and sentenced him to twenty-five years’ imprisonment. Green filed a general notice of appeal.

      To properly invoke the jurisdiction of this Court over an appeal from a negotiated guilty plea, an appellant must file a notice of appeal which complies with Rule of Appellate Procedure 25.2(b)(3). White v. State, 61 S.W.3d 424, 429 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(b)(3). This rule applies with equal force to “an appeal, made either before or after an adjudication of guilt, by a defendant placed on deferred adjudication who challenges an issue relating to his conviction.” Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002).

      Green’s general notice of appeal does not comply with Rule 25.2(b)(3). Accordingly, we dismiss his appeal for want of jurisdiction.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed October 30, 2002

Do not publish

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