Paul Thompson v. State of Texas--Appeal from 290th Judicial District Court of Bexar County

No. 04-00-00616-CR
Paul THOMPSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-3555
Honorable Sharon MacRae, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 27, 2001

DISMISSED FOR LACK OF JURISDICTION

Paul Thompson pled no contest to the offense of possession of cocaine less than one gram as an habitual and was sentenced to six years imprisonment in accordance with the terms of his plea bargain agreement. Because Thompson filed a general notice of appeal, this court only has jurisdiction to consider issues relating to the trial court's jurisdiction. See Tex. R. App. P. 25.2(b)(3) (limiting issues that may be raised on appeal if punishment does not exceed recommendation); Cooper v. State, no. 1100-99, 2001 WL 321579 (Tex. Crim. App. Apr. 4, 2001); Martinez v. State, 5 S.W.3d 722, 724-25 (Tex. App.--San Antonio 1999, no pet.). Thompson's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. Counsel provided Thompson with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

We have reviewed the record and counsel's brief. There is no issue relating to the trial court's jurisdiction. We agree that the appeal is frivolous and without merit. Accordingly, this appeal is dismissed for lack of jurisdiction. Appellate counsel's motion to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

Catherine Stone, Justice

DO NOT PUBLISH