Sebastian Huerta v. State

• Court: Court of Appeals of Texas
• Decided: February 20, 2002
• Docket: 04-01-00776-CR
• Status: Published

Opinion

No. 04-01-00776-CR Sebastian HUERTA, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-5464W Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: February 20, 2002

DISMISSED FOR LACK OF JURISDICTION

Sebastian Huerta pled nolo contendere to aggravated robbery and was sentenced in accordance with the terms of his plea bargain agreement. Huerta filed a general notice of appeal from the trial court's judgment.

To invoke the court's jurisdiction over this appeal, Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure requires that the notice of appeal state the appeal is from a jurisdictional defect, the substance of the appeal was raised by written motion and ruled on before trial, or the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000); see State v. Riewe, 13 S.W.3d 408 (Tex. Crim. App. 2000). Appellant's general notice of appeal did not meet any of these conditions.

Because Huerta's general notice of appeal did not comply with Rule 25.2(b)(3), this court does not have jurisdiction over the appeal. See White v. State No. 123-01, 2001 WL 1539153 (Tex. Crim. App. Dec. 5, 2001); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001). We therefore dismiss the appeal for lack of jurisdiction.

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