Singleton, James Oliver v. The State of Texas--Appeal from 23rd District Court of Brazoria County

Dismissed and Opinion filed August 8, 2002.

In The

Fourteenth Court of Appeals

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NOS. 14-02-00713-CR;

14-02-00714-CR

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JAMES OLIVER SINGLETON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause Nos. 41,562 & 41,563

M E M O R A N D U M O P I N I O N

Under each cause number, appellant pled guilty to the offense of possession of a controlled substance with intent to deliver. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant in cause number 41,562 on June 12, 2002, to confinement for twenty-five years in the Texas Department of Criminal Justice, Institutional Division. Also on June 12, 2002, the trial court sentenced appellant in cause number 41,563, in accordance with the terms of a plea bargain agreement with the State, to confinement for ten years in the Texas Department of Criminal Justice, Institutional Division. Because we have no jurisdiction over these appeals, 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 in each cause 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. The time for filing a proper notice of appeal has expired; thus appellant may not file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000). 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).

Accordingly, we dismiss these appeals for want of jurisdiction.

PER CURIAM

Judgment rendered and Opinion filed August 8, 2002.

Panel consists of Justices Anderson, Seymore, and Guzman.

Do Not Publish C Tex.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