Eddie Rivas v. State of Texas--Appeal from 81st Judicial District Court of Atascosa County

Nos. 04-00-00598-CR and 04-00-00599-CR
Eddie RIVAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Wilson County, Texas
Trial Court Nos. 93-01-010-CRW and 93-01-011-CRW
Honorable Stella Saxon, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: June 13, 2001

DISMISSED FOR LACK OF JURISDICTION

Eddie Rivas pled nolo contendere to charges of robbery and aggravated robbery and was placed on deferred adjudication in each case in accordance with a plea bargain agreement. Rivas seeks to appeal the trial court's judgments adjudicating his guilt and sentencing him to two ten year sentences, to run concurrently.

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). The requirements of Rule 25.2(b)(3) apply when a judgment adjudicating guilt results from a plea bargain in which the defendant agreed to plead guilty or nolo contendere in exchange for the State's recommendation that adjudication be deferred. See Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996). Rule 25.2(b)(3) therefore applies to these appeals.

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). Because Rivas' notices of appeal did not comply with the Rule and the record reveals the trial court had jurisdiction over the cases, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Do not publish