Jesse Lee Vaughan v. State

• Court: Court of Appeals of Texas
• Decided: April 17, 2002
• Docket: 04-02-00206-CR
• Status: Published

Opinion

No. 04-02-00206-CR Jesse Lee VAUGHAN, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-6128 Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: April 17, 2002

DISMISSED FOR LACK OF JURISDICTION

Appellant pled nolo contendere to the felony offense of aggravated robbery pursuant to a plea bargain agreement. Appellant was subsequently sentenced to six years confinement on January 17, 2002. Appellant's sentence did not exceed the punishment recommended by the prosecutor. Appellant filed a general notice of appeal from his conviction on February 14, 2002.

To invoke this 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). Appellant's notice of appeal did not meet any of these required conditions. Accordingly, this court does not have jurisdiction to consider this appeal. See White v. State, 61 S.W.3d 424, 426 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 82-83 (Tex. Crim. App. 2001).

Therefore, appellant's appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH