Rogers, Damien Rashad v. State

• Court: Court of Appeals of Texas
• Decided: January 16, 2003
• Docket: 14-02-01349-CR
• Status: Published

Opinion

Dismissed and Opinion filed January 16, 2003

Dismissed and Opinion filed January 16, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01349-CR

DAMIEN RASHAD ROGERS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 922,600

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of theft on November 12, 2002.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to two years= imprisonment in the Texas Department of Criminal Justice, Institutional Division.  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).  Appellant filed a timely general notice of appeal on December 18, 2002, that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 25.2(b)(3).  Rule 25.2(b)(3) 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.  Id.  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).^[1] 

Accordingly, we dismiss the appeal for want of jurisdiction. 

PER CURIAM

Judgment rendered and Opinion filed January 16, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).

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^[1]  The notice of appeal in this case was filed prior to the amendments to the Texas Rules of Appellate Procedure effective January 1, 2003.