Carl King v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-03-00781-CR

Carl KING,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 93-CR-3641

Honorable Mary Roman, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 3, 2004

DISMISSED FOR LACK OF JURISDICTION

In 1993, defendant Carl King pled nolo contendere to murder, pursuant to a plea bargain. Defendant late-filed his notice of appeal, and subsequently, this court dismissed the appeal for lack of jurisdiction. The Court of Criminal Appeals granted defendant an out-of-time appeal, and defendant timely filed a pro se general notice of appeal.

Defendant's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). In the brief, counsel concludes this court lacks jurisdiction to consider the appeal. Counsel also asserts, in the alternative, that an arguable ground for appeal - ineffective assistance of trial counsel - may exist. However, appellate counsel concludes the record fails to demonstrate that trial counsel was ineffective.

Defendant was informed of his right to review the record. Counsel provided defendant with a copy of the brief and advised him of his right to file a pro se brief. Defendant's pro se brief was due August 10, 2004; he has not filed a brief.

Defendant's notice of appeal did not state: (1) the appeal is for a jurisdictional defect; (2) the substance of the appeal was raised by written motion and ruled on before trial; or (3) the trial court granted permission to appeal. See Tex. R. App. P. 25.2(b)(3) (rule in effect at time defendant filed notice of appeal). Because defendant filed a general notice of appeal, we dismiss the appeal for lack of jurisdiction. See Griffin v. State, No. 1092-03, 2004 WL 2179518 (Tex. Crim. App. Sept. 29, 2004); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 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.); see also former Tex. R. App. P. 25.2(b)(3).

We grant appellate counsel's request to withdraw. Nichols v. State, 954 S.W.2d 83, 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 deny appellate counsel's request to abate this appeal to the trial court for further proceedings.

Sandee Bryan Marion, Justice

DO NOT PUBLISH