Kinchen, Phillip Randall v. State

• Court: Court of Appeals of Texas
• Decided: September 26, 2002
• Docket: 14-02-00859-CR
• Status: Published

Opinion

Dismissed and Opinion filed September 26, 2002

Dismissed and Opinion filed September 26, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00859-CR

PHILLIP RANDALL KINCHEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 11,842

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to possession of a controlled substance on August 2, 2002.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred an adjudication of guilt and placed appellant on community supervision for  six years.  Appellant filed a notice of appeal from the order deferring adjudication of guilt.  See Manuel v. State, 994 S.W.2d 658, 661‑62 (Tex. Crim. App. 1999).  Because we have no jurisdiction over this appeal, we dismiss. 

To invoke an appellate court=s jurisdiction over an appeal, an appellant must give timely and proper notice of appeal.  White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001).  Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure provides that when an appeal is from a judgment rendered on a defendant=s plea of guilty or nolo contendere and the punishment assessed does not exceed the punishment recommended by the State and agreed to by the defendant, the notice of appeal must:  (1) specify that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) state that the trial court granted permission to appeal.  Tex. R. App. P. 25.2(b)(3). 

The requirements of Rule 25.2(b)(3) apply to a defendant who plea bargains for deferred adjudication.  See Vidaurri v. State, 49 S.W.3d 880, 883 (Tex. Crim. App. 2001); Brown v. State, 943 S.W.2d 35, 41 (Tex. Crim. App. 1997); Watson v. State, 924 S.W.2d 711, 714‑15 (Tex. Crim. App. 1996).  Appellant filed a timely general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3).  The time for filing a proper notice of appeal has expired; thus, appellant may not file an amended notice of appeal to correct jurisdictional defects.  State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).  Because appellant=s notice of appeal did not comply with the requirements of Rule 25.2(b)(3), we are without jurisdiction to consider any of appellant=s issues, including the voluntariness of the plea.  See Cooper v. State, 45 S.W.2d 77, 83 (Tex. Crim. App. 2001) (holding that appellant who files general notice of appeal may not appeal voluntariness of negotiated plea). 

Accordingly, we dismiss the appeal for want of jurisdiction. 

PER CURIAM

Judgment rendered and Opinion filed September 26, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish C Tex. R. App. P. 47.3(b).