John Robert Sanchez v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-00-00066-CR

John Robert SANCHEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 1998-CR-3986

Honorable Sid L. Harle, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice

Delivered and Filed: May 16, 2001

DISMISSED FOR LACK OF JURISDICTION

Appellant pled guilty, with a plea recommendation, to making or possessing counterfeit insurance documents, a felony. The trial court assessed punishment at five years' confinement, according to the terms of the plea agreement. Appellant filed a general notice of appeal. The trial court did not grant appellant permission to appeal.

On appeal, appellant contends his plea was involuntary because his trial attorney had a conflict of interest. Appellate courts may not consider the issue of voluntariness of a guilty plea from a plea-bargained, felony conviction. Cooper v. State; No. 1100-99, 2001 WL 321579, at *1 (Tex. Crim. App. 2001); see also Tex. R. App. P. 25.2(b). Therefore, because appellant's sentence did not exceed that to which he agreed and because he filed a general notice of appeal, we are without jurisdiction to consider the merits of appellant's complaint and we must dismiss the appeal.

Tom Rickhoff, Justice

PUBLISH