Walton Haggerty v. The State of Texas--Appeal from 195th District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-99-292-CR

WALTON HAGGERTY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 195th District Court

Dallas County, Texas

Trial Court # F98-00415-N

MEMORANDUM OPINION

Walton Haggerty pleaded guilty to aggravated sexual assault of a child. See Tex. Pen. Code Ann. 22.021(a)(1)(B)(ii), (2)(B) (Vernon Supp. 2000). Pursuant to a plea agreement, the court placed Haggerty on unadjudicated community supervision for five years. Thereafter, the State filed a motion to adjudicate Haggerty s guilt. He pleaded true to the allegations of the motion, and the court adjudicated him guilty of aggravated sexual assault and sentenced him to fifteen years imprisonment and a $500 fine. Haggerty filed a general notice of appeal.

An appellant who has pleaded guilty in exchange for unadjudicated community supervision must comply with appellate rule 25.2(b)(3) when he seeks to appeal a subsequent adjudication and sentencing. Tressler v. State, 986 S.W.2d 381, 382 (Tex. App. Waco 1999, no pet.); see also Manuel v. State, 994 S.W.2d 658, 662 (Tex. Crim. App. 1999) (applying former appellate rule 40(b)(1)). Haggerty s general notice of appeal does not comply with this rule. We notified him of this defect by letter dated January 11, 2000. See Tex. R. App. P. 25.2(d). He has not responded to our letter by filing an amended notice of appeal in compliance with rule 25.2(b)(3).

Because Haggerty s notice of appeal does not comply with rule 25.2(b)(3), we do not have jurisdiction over this appeal. Tressler, 986 S.W.2d at 382; see also Manuel, 994 S.W.2d at 662. Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed February 9, 2000

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