Ramiro Galindo v. State of Texas

Court of Appeals of Texas

Ramiro Galindo v. State of Texas

DecidedJuly 25, 2001

Docket04-00-00807-CR

StatusPublished

This text of Ramiro Galindo v. State of Texas (Ramiro Galindo v. State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ramiro Galindo v. State of Texas, (Tex. Ct. App. 2001).

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No. 04-00-00807-CR

Ramiro GALINDO,

Appellant

v.

STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CR-1327

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: July 25, 2001

MOTION TO WITHDRAW GRANTED; ANDERS BRIEF STRICKEN; APPEAL DISMISSED FOR LACK OF JURISDICTION

Ramiro Galindo pled guilty to one count of indecency with a child. The trial court sentenced Galindo within the terms of a negotiated plea bargain to six years in prison and a $1,000.00 fine. Galindo's court-appointed attorney on appeal filed an Anders brief in which counsel concludes this appeal is frivolous and without merit.⁽¹⁾ Counsel also filed a motion to withdraw.

If an appeal is taken from a judgment rendered on a plea of guilty and the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, "the substance of the appeal must have been raised by written motion and ruled on before trial (unless the appeal is for a jurisdictional defect or the trial court granted permission to appeal)." Young v. State, 8 S.W.3d 656, 667 (Tex. Crim. App. 2000) (citing Tex. R. App. P. 25.2(b)(3)); see also Cooper v. State, No. 1100-99, slip op. at 6-7, 2001 WL 321579, at *1 (Tex. Crim App. Apr. 4, 2001). Galindo's notice of appeal requests the trial court's permission to appeal but there is no evidence permission was granted. The notice of appeal does not address and the record does not contain evidence of a written motion to suppress evidence. There is nothing in the record to suggest the trial court lacked jurisdiction. We have no jurisdiction to consider Galindo's appeal. Tex. R. App. P. 25.2(b)(3). The Anders brief filed by counsel is stricken. Counsel's motion to withdraw is granted. The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

1.

See Anders v. California, 386 U.S. 738 (1967).

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No. 04-00-00807-CR

Ramiro GALINDO,

Appellant

v.

STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CR-1327

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: July 25, 2001

MOTION TO WITHDRAW GRANTED; ANDERS BRIEF STRICKEN; APPEAL DISMISSED FOR LACK OF JURISDICTION

Ramiro Galindo pled guilty to one count of indecency with a child. The trial court sentenced Galindo within the terms of a negotiated plea bargain to six years in prison and a $1,000.00 fine. Galindo's court-appointed attorney on appeal filed an Anders brief in which counsel concludes this appeal is frivolous and without merit.⁽¹⁾ Counsel also filed a motion to withdraw.

If an appeal is taken from a judgment rendered on a plea of guilty and the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, "the substance of the appeal must have been raised by written motion and ruled on before trial (unless the appeal is for a jurisdictional defect or the trial court granted permission to appeal)." Young v. State, 8 S.W.3d 656, 667 (Tex. Crim. App. 2000) (citing Tex. R. App. P. 25.2(b)(3)); see also Cooper v. State, No. 1100-99, slip op. at 6-7, 2001 WL 321579, at *1 (Tex. Crim App. Apr. 4, 2001). Galindo's notice of appeal requests the trial court's permission to appeal but there is no evidence permission was granted. The notice of appeal does not address and the record does not contain evidence of a written motion to suppress evidence. There is nothing in the record to suggest the trial court lacked jurisdiction. We have no jurisdiction to consider Galindo's appeal. Tex. R. App. P. 25.2(b)(3). The Anders brief filed by counsel is stricken. Counsel's motion to withdraw is granted. The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

1.

See Anders v. California, 386 U.S. 738 (1967).

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