Chaz Jabar Reed v. State of Texas--Appeal from 379th Judicial District Court of Bexar County

No. 04-01-00137-CR
Chaz Jabar REED,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-0330
Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: May 23, 2001

DISMISSED FOR LACK OF JURISDICTION

Chaz Jabar Reed pled nolo contendere to a felony and was placed on deferred adjudication community supervision in accordance with the terms of his plea bargain agreement. Reed seeks to appeal the trial court's judgment adjudicating his guilt and sentencing him to five years confinement.

To invoke the court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Because Reed's general notice of appeal did not meet any of the requirements of rule 25.2(b)(3), this court only has jurisdiction to consider issues relating to the trial court's jurisdiction or the trial court's failure to conduct a punishment hearing after adjudicating guilt. See Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2001); Cooper v. State, No. 1100-99, 2001 WL 321579 (Tex. Crim. App. Apr. 4, 2001); Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999); Pearson v. State, 994 S.W.2d 176 (Tex. Crim. App. 1999); Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996); Martinez v. State, 5 S.W.3d 722, 724-25 (Tex. App.--San Antonio 1999, no pet.).

Given the jurisdictional limits on Reed's appeal, we ordered appellate counsel to submit a letter identifying the issues to be raised on appeal and explaining how this court had jurisdiction to consider those issues. Appellate counsel responded by stating that no issues relating to the trial court's jurisdiction exist to be raised on appeal. In addition, appellate counsel stated that the trial judge conducted a punishment hearing after adjudicating Reed's guilt. Because the appeal does not raise any issues that this court has jurisdiction to consider, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH