Basra, Jasdeep Singh v. The State of Texas--Appeal from 262nd District Court of Harris County

Dismissed and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00476-CR

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JASDEEP SINGH BASRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 864,830

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

Appellant pled guilty to the offense of capital murder on April 18, 2002. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to confinement in the Texas Department of Criminal Justice, Institutional Division for life. The original notice of appeal was filed May 8, 2002. 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 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. On June 18, 2002, this court notified appellant=s counsel of the jurisdictional problem. On June 28, 2002, appellant=s counsel filed an amended notice of appeal, raising the three requirements of Rule 25.2(b)(3). On October 2, 2002, the State filed a motion to dismiss. We grant the State=s motion.

Because appellant=s original 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). Furthermore, we did not retroactively acquire jurisdiction when appellant filed the amended notice of appeal. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000). Once the time period for filing the notice of appeal has passed, a defendant may not amend his notice of appeal to attempt to retroactively confer jurisdiction upon the appellate court. Id. at 413. Once jurisdiction was lost, it was lost forever. Id.

Accordingly, we grant the State=s motion and dismiss the appeal for want of jurisdiction.

PER CURIAM

Judgment rendered and Opinion filed October 17, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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