Rodney Barnard Williams v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-94-002-CR

RODNEY BARNARD WILLIAMS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 20024CR

MEMORANDUM OPINION

Under a plea agreement, Appellant Williams pled guilty on November 17, 1993, to the offense of attempted murder and was sentenced the same day to twenty-two years in prison. No motion for new trial was filed by Appellant. On November 17, he filed a waiver of the rights to file a motion for new trial and to appeal. Appellant filed pro se an untimely general notice of appeal on December 18. He filed a pro se amended notice of appeal on January 10. Neither notice of appeal specified any matter which had been raised by written motion and ruled on before trial and nothing in the record indicates that the trial court had granted Appellant permission to appeal. Appellant has stated no basis for the appeal in his notice. See Tex. R. App. P. 40(b)(1).

A court of appeals obtains jurisdiction when a notice of appeal is timely filed. Jones v. State, 796 S.W.2d 183, 186 (Tex. Crim. App. 1990). However, Rule 40(b)(1) is a restrictive rule which regulates the extent of the grounds upon which a defendant can appeal after a plea agreement.

Because Williams' notice of appeal was untimely and does not conform to the requirements of Rule 40, we dismiss the appeal. See Lyon v. State, No. 94-01-003 (Tex. Crim. App. January 13, 1993); Jones, 796 S.W.2d 186-87; Tex. R. App. P. 40(b)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed March 9, 1994

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