Antonio Andres Garcia v. The State of Texas--Appeal from 2nd 25th Judicial District Court of Guadalupe County

No. 04-01-00622-CR
Antonio Andres GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 2nd 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 00-1450-CR
The Honorable Gus J. Strauss, Jr., Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice

Delivered and Filed: November 21, 2001

DISMISSED FOR LACK OF JURISDICTION

Antonio Andres Garcia pled guilty to capital murder and was sentenced to life in prison in accordance with the terms of his plea bargain agreement. Garcia filed a general notice of appeal from the trial court's judgment.

To invoke the court's jurisdiction over this appeal, Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure requires that the notice of appeal state the appeal is from a jurisdictional defect, the substance of the appeal was raised by written motion and ruled on before trial, or the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000); see State v. Riewe, 13 S.W.3d 408 (Tex. Crim. App. 2000). Appellant's general notice of appeal did not meet any of these conditions. Therefore, this court only has jurisdiction to consider issues relating to the trial court's jurisdiction. See Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001); 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 Garcia'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 did not respond. The record fails to demonstrate that an issue exists relating to the trial court's jurisdiction. Because the appeal does not raise any issues this court has jurisdiction to consider, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

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