Ralph Alan Dupuy v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-02-526 CR
____________________
RALPH ALAN DUPUY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 84011
MEMORANDUM OPINION (1)

Ralph Alan Dupuy entered a guilty plea in Cause No. 84011 to the state jail felony offense of unauthorized use of a motor vehicle. Tex. Pen. Code Ann. 31.07 (Vernon 2003). Following a plea bargain agreement between Dupuy and the State, the trial court deferred adjudication of guilt, then placed Dupuy on community supervision for four years. In a subsequent hearing, Dupuy pleaded true to an allegation that he violated the terms of the community supervision order by committing a criminal offense. The trial court assessed punishment at sixteen months of confinement in the Texas Department of Criminal Justice, State Jail Division.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 22, 2003, we granted Dupuy an extension of time in which to file a pro se brief. We received no response from the appellant.

The notice of appeal filed by Dupuy failed to invoke our appellate jurisdiction to review issues relating to his conviction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). (2) Although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which Dupuy was punished, Dupuy preserved no error relating to punishment and the record does not support a claim of ineffective assistance of counsel during the punishment phase of the trial. Vidaurri v. State, 49 S.W.3d 880, 883-85 (Tex. Crim. App. 2001).

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed.

AFFIRMED.

 

PER CURIAM

 

Submitted on September 12, 2003

Opinion Delivered September 24, 2003

Do Not Publish

 

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

2. For appeals commenced before January 1, 2003, in a plea-bargained, felony case, the notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3).