O'Neal Guidry v. State

• Court: Court of Appeals of Texas
• Decided: April 2, 2003
• Docket: 09-02-00297-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-297 CR

ONEAL S. GUIDRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 83641

MEMORANDUM OPINION

Oneal S. Guidry pleaded guilty to the state jail felony offense of possession of a controlled substance, cocaine, in an amount of less than one gram. See Tex. Health & Safety Code Ann. § 481.115 (a)(b) (Vernon Supp. 2003). Following a plea bargain agreement between Guidry and the State, the trial court sentenced Guidry to one year of confinement in a state jail facility. Guidry signed an express waiver of his right to appeal, then unsuccessfully sought permission to appeal.

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 December 19, 2002, Guidry was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

The general notice of appeal filed by Guidry failed to invoke our appellate jurisdiction. 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). Guidry 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 March 26, 2003

Opinion Delivered April 2, 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Do Not Publish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).