Gregory Gowans v. The State of Texas--Appeal from Crim Dist Ct 4 of Dallas Co of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-94-088-CR

GREGORY GOWANS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court #4

Dallas County, Texas

Trial Court # F90-12046-K

MEMORANDUM OPINION

The State in the above cause has filed a motion to dismiss the appeal for lack of jurisdiction. The underlying cause involved a guilty plea in which the punishment assessed did not exceed that recommended by the prosecution and agreed to by Appellant and his attorney. The Rules of Appellate Procedure require that, to pursue an appeal under such circumstances, the Appellant must state in his notice of appeal that he obtained the court's permission to appeal or that he is appealing those matters raised by written motion filed prior to trial. Appellant's notice of appeal filed in this case does not contain any of the required elements.

Appellant's general notice of appeal is insufficient to confer jurisdiction on this court. See Lyon v. State, 872 S.W.2d 732 (Tex. Crim. App. 1994); Davis v. State, 870 S.W.2d 43 (Tex. Crim. App. 1994). See also Rhem v. State, 873 S.W.2d 383, 384 (Tex. Crim. App. 1994).

The State's motion to dismiss is granted, and the appeal is dismissed for want of jurisdiction.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed August 24, 1994

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