Jerry Brown v. State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-00-304-CR

JERRY BROWN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 27,554

MEMORANDUM OPINION

Pursuant to a plea bargain, Jerry Brown pled guilty to a charge of possession of a controlled substance. The trial court followed the plea bargain agreement and sentenced Brown to ten years imprisonment. Brown filed a general notice of appeal. We dismiss the appeal for want of jurisdiction.

Where a defendant pleads guilty or nolo contendere with the benefit of a plea bargain agreement and the punishment assessed does not exceed the agreed punishment, a defendant s notice of appeal must comply with the extra-notice requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. Tex. R. App. 25.2(b)(3); Craddock v. State, No. 10-00-231-CR, slip op. at 2 (Tex. App. Waco November 8, 2000, no pet. h.). // In this situation, a general notice of appeal is insufficient to confer jurisdiction on a court of appeals. Id.

Brown s general notice of appeal did not comply with Rule 25.2(b)(3). The time for perfecting his appeal has elapsed and this jurisdictional defect cannot now be corrected. Id., slip op. at 4. Accordingly, we do not have jurisdiction over this appeal and dismiss it for want of jurisdiction. Id.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed November 22, 2000

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