John Harold Price v. State

• Court: Court of Appeals of Texas
• Decided: August 13, 2003
• Docket: 09-02-00175-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-175 CR

NO. 09-02-176 CR

JOHN HAROLD PRICE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 84917, 85279

O P I N I O N

John Harold Price pleaded guilty to felony theft and no contest to burglary of a habitation. The trial court sentenced Price to two years' confinement in the Texas Department of Criminal Justice, Institutional Division for the theft, ten years' confinement in the Texas Department of Criminal Justice, Institutional Division for the burglary, and ordered the sentences to run concurrently. Price filed a general notice of appeal on April 19, 2002.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On January 9, 2003, Price was given an extension of time in which to file a pro se brief. Price has filed a pro se brief raising two grounds on appeal.

The "Agreed Punishment Recommendation," which limited the upper range of punishment to two years for the theft, and the "Agreed Punishment Recommendation," which limited the upper range of punishment to ten years for the burglary, established the existence of a plea bargain agreement as to the punishment to be assessed by the trial court. See Delatorre v. State, 957 S.W.2d 145, 148-49 (Tex. App.--Austin 1997, pet. ref'd). The trial court sentenced the appellant within the plea bargain agreement. Therefore, the general notice of appeal filed by Price failed to invoke our appellate jurisdiction. See White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77, 78 (Tex. Crim. App. 2001). ⁽¹⁾

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Price raises no points of error over which we have jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on July 23, 2003

Opinion Delivered August 13, 2003

Do not publish

Before McKeithen, C.J., Burgess, and Gaultney, JJ.

1. For appeals commenced before January 1, 2003, the notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3).