Timothy Bain v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00658-CR
Timothy BAIN,
Appellant
v.
STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-1796
Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: August 8, 2001

MOTION TO WITHDRAW GRANTED; DISMISSED FOR LACK OF JURISDICTION

Timothy Bain pleaded nolo contendere to aggravated assault on a public servant. The trial court sentenced Bain within the terms of a negotiated plea bargain to 75 years in prison and a $1000 fine. Bain's court-appointed attorney on appeal filed a brief in which counsel concludes the appeal is frivolous and without merit. Counsel also filed a motion to withdraw.

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 Bain was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief if he wished. Bain filed a pro se brief in which he alleges trial counsel was ineffective and his plea was coerced.

Because Bain pleaded nolo contendere to a felony and was sentenced within the terms of a plea bargain, we have no jurisdiction to consider his appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 667 (Tex. Crim. App. 2000); see also Cooper v. State, 45 S.W.3d 77, 78 (Tex. Crim. App. 2001). Bain filed a general notice of appeal. 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 appeal is dismissed for lack of jurisdiction. Tex. R. App. P. 25.2(b)(3). We grant the motion to withdraw filed by Bain's counsel.

PER CURIAM

DO NOT PUBLISH