Suarez, Raul v. The State of Texas--Appeal from 351st District Court of Harris County

Dismissed and Opinion filed  January 9, 2003.

In The

Fourteenth Court of Appeals

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NOS. 14-02-01323-CR &

14-02-01324-CR

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RAUL SUAREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause Nos. 862,974 & 862,975

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

Appellant pled guilty to two counts of aggravated sexual assault of a child on March 14, 2001. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to eighteen years confinement in the Texas Department of Criminal Justice Institutional Division. 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. 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).[1]

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Judgment rendered and Opinion filed January 9, 2003.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish Tex. R. App. P. 47.2(b).

[1] The notice of appeal in this case was filed prior to any amendments to the Texas Rules of Appellate Procedure.