White, David Lee v. State

• Court: Court of Appeals of Texas
• Decided: November 21, 2002
• Docket: 14-02-00146-CR
• Status: Published

Opinion

Dismissed and Opinion filed November 21, 2002

Dismissed and Opinion filed November 21, 2002.

In The

Fourteenth Court of Appeals

_______________

NO. 14-02-00146-CR

DAVID LEE WHITE, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 897,175

M E M O R A N D U M   O P I N I O N

            David Lee White appeals his conviction for cocaine possession on the ground that he was denied effective assistance of counsel.  We dismiss the appeal for lack of jurisdiction.

            Appellant entered a negotiated guilty plea, and the trial court found him guilty and sentenced him to one year’s confinement.  Appellant timely filed a notice of appeal stating that the trial court granted permission to appeal, the appeal was for a jurisdictional defect, and the substance of the appeal was raised by written motion and ruled on before trial.

            To invoke an appellate court’s jurisdiction over an appeal, an appellant must file a proper notice of appeal.  Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002).  In an appeal from a judgment rendered on a negotiated guilty plea, 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).  In addition, one or more of the foregoing conditions must be substantiated by the record and be a ground for the appeal raised in the appellant’s brief.  See Betz v. State, 36 S.W.3d 227, 228-29 (Tex. App.—Houston [14th Dist.] 2001, no pet.); Sherman v. State, 12 S.W.3d 489, 492-93 (Tex. App.—Dallas 1999, no pet.).

            In this case, the record does not contain any written motion ruled on before trial, the trial court specifically recited in the judgment that it did not grant permission to appeal; and appellant’s brief raises no jurisdictional defects.^[1]  Because appellant has thus failed to invoke our jurisdiction to consider his appeal, it is dismissed.

                                                                        /s/        Richard H. Edelman

                                                                                    Justice

Judgment rendered and Opinion filed November 21, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish — Tex.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

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^[1]           Even if appellant’s alleged ineffective assistance of counsel, i.e., that his attorney failed to advise him of possible defenses that could be raised at trial, amounts to a claim that his plea was involuntary, it still may not be raised on appeal of a negotiated plea.  See Cooper v. State, 45 S.W.3d 77, 82 (Tex. Crim. App. 2001).