Palmer, Jeffrey Allen v. The State of Texas--Appeal from 230th District Court of Harris County

Dismissed and Opinion filed September 19, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00661-CR

NO. 14-02-00662-CR

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JEFFREY ALLEN PALMER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause Nos. 907,787 & 907,807

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

Appellant entered guilty pleas to aggravated robbery of two individuals on May 15, 2002. In accordance with the terms of plea bargain agreements with the State, the trial court sentenced appellant to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice in each case. 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 pro se general notice of appeal for both cases 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). The trial court specifically noted in the records that it did not grant appellant permission to appeal. 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).

Moreover, appellant signed written waivers of his right to appeal when he entered his pleas, and the trial court followed the plea bargain agreements in assessing punishment. Despite having waived the right to appeal, appellant filed a notice of appeal. Appellant chose to enter into agreements that included a waiver of the right to appeal. Appellant was informed of his right to appeal, knew with certainty the punishment he would receive, and that he could withdraw his pleas if the trial court did not act in accordance with the plea agreements. As appellant was fully aware of the consequences when he waived his right to appeal, it is Anot unfair to expect him to live with those consequences now.@ Alzarkav. State, 60 S.W.3d 203, 206 (Tex. App.BHouston [14th Dist.] July 26, 2001, pet. granted) (quoting Mabry v. Johnson, 467 U.S. 504, 104 S. Ct. 2543, 2547-48, (1984)). See also Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Buck v. State, 45 S.W.3d 275, 278 (Tex. App.CHouston [1st Dist.] 2001, no pet.).

Accordingly, we dismiss the appeals for want of jurisdiction.

PER CURIAM

Judgment rendered and Opinion filed September 19, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish C Tex.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