Jake Santoyo Zimmerle v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00636-CR
Jake Santayo ZIMMERLE,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CR-5232
Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: May 30, 2001

DISMISSED FOR LACK OF JURISDICTION

Jake Santayo Zimmerle pleaded guilty to a charge of theft enhanced as a habitual offender. Pursuant to a plea bargain agreement, the trial court sentenced him to eight years imprisonment and imposed a $1,000 fine. Zimmerle filed a general notice of appeal.

When a judgment is rendered on a defendant's plea of guilty pursuant to a plea bargain in a felony case, and the punishment does not exceed that recommended by the prosecutor and agreed to by the defendant, the defendant's notice of appeal must: (1) articulate that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) 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 that complies with Rule 25.2(b)(3) is necessary to this court's jurisdiction, which is limited to those issues concerning the trial court's jurisdiction. See Tex. R. App. P. 25.2(b)(3); Cooper v. State, No. 1100-99, slip op. at 6-7, 2001 WL 321579, at *1 (Tex. Crim. App. Apr. 4, 2001); State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000). Under a general notice of appeal, we may review only those 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 Zimmerle's appeal. However, his notice of appeal is general and does not comply with the rule. And, Zimmerle's only issue on appeal is that he entered his plea involuntarily. We do not have jurisdiction to review this issue. Cooper, 2001 WL 321579. We, therefore, dismiss Zimmerle's appeal for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH