Melinda Silvey v. State of Texas--Appeal from 186th Judicial District Court of Bexar County

Nos. 04-00-00588-CR & 04-00-00589-CR
Melinda SILVEY,
Appellant
v.
STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2000-CR-1923 & 2000-CR-3033W
Honorable James E. Barlow, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 6, 2001

MOTIONS TO WITHDRAW GRANTED; DISMISSED FOR LACK OF JURISDICTION

Melinda Silvey pled nolo contendere to two counts of theft - enhanced, state jail felonies. The trial court sentenced Silvey within the terms of a negotiated plea bargain to one year in prison for each conviction, the two sentences to run concurrently. Silvey's court-appointed attorney on appeal filed a brief in which counsel concludes the appeals are frivolous and without merit. Counsel also filed a motion to withdraw in each case.

Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Specifically, counsel states Silvey was provided with a copy of the brief and motion to withdraw and was further informed of her right to review the record and file her own brief if she wished. Silvey did not file a pro-se brief.

Because Silvey pled nolo contendere to a felony and was sentenced within the terms of a plea bargain, we have no jurisdiction to consider her appeals. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 667 (Tex. Crim. App. 2000) (citing Tex. R. App. P. 25.2(b)(3)); see also Cooper v. State, No. 1100-99, slip op. at 6-7, 2001 WL 321579, at *1 (Tex. Crim App. Apr. 4, 2001). Silvey filed a general notice of appeal in both cases. The record does not contain a written motion to suppress evidence. There is nothing in the record to suggest the trial court lacked jurisdiction, nor is there any evidence the trial court gave permission to appeal.

The appeals are dismissed for lack of jurisdiction. Tex. R. App. P. 25.2(b)(3). We grant the motions to withdraw filed by Silvey's counsel.

PER CURIAM

DO NOT PUBLISH