Johnny Demerson v. State of Texas--Appeal from 290th Judicial District Court of Bexar County

No. 04-00-00764-CR
Johnny DEMERSON,
Appellant
v.
The STATE of Texas,
Appellee

From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-1403
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: May 9, 2001

DISMISSED FOR LACK OF JURISDICTION

John Demerson pled nolo contendere to possession of cocaine pursuant to a plea bargain agreement, and the trial court sentenced him to six years imprisonment and a $1,000 fine. Demerson timely filed a general notice of appeal.

When a judgment is rendered on the defendant's plea of guilty or nolo contendere pursuant to a plea bargain in a felony case, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the defendant's notice of appeal must (a) specify that the appeal is for a jurisdictional defect; (b) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (c) state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000). A timely notice of appeal complying with Rule 25.2(b)(3) is necessary to confer jurisdiction on this court. See State v. Riewe, 13 S.W.3d 408 (Tex. Crim. App. 2000). Moreover, this court's jurisdiction is limited to the matters specified in the rule, and the limitation on appeal applies to errors occurring before and after the guilty plea. See Cooper v. State, No. 1100-99, slip op. at 6-7, 2001 WL 321579, at *1 (Tex. Crim App. Apr. 4, 2001) (concluding Rule 25.2(b)(3) limits appeal in a plea bargain case to those grounds specified in the Rule); Davis v. State, 870 S.W.2d 43, 46 (Tex. Crim. App.1994) (former rule limited appeal for nonjurisdictional defects occurring before or after the guilty plea). When Rule 25.2(b)(3) applies and a general notice of appeal is filed, we may review only issues concerning the trial court's jurisdiction. See Martinez v. State, 5 S.W.3d 722, 724-25 (Tex. App.-San Antonio 1999, no pet.).

Rule 25.2(b)(3) applies to this appeal. Because Demerson did not file a notice of appeal complying with the rule, and the trial court's jurisdiction is apparent on the face of the record, we do not have jurisdiction over this appeal. Accordingly, we dismiss counsel's motion to withdraw and the appeal for lack of jurisdiction.

PER CURIAM

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