Bill Murry Power v. State of Texas--Appeal from 180th District Court of Harris County

No. 04-01-00050-CR
Bill Murry POWER,
Appellant
v.
The STATE of Texas,
Appellee
From the 180th Judicial District Court, Harris County, Texas
Trial Court No. 829735
Honorable Debbie Stricklin, Judge Presiding

Opinion by: Alma L. L pez, Justice

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: September 12, 2001

DISMISSED FOR LACK OF JURISDICTION

In accordance with the terms of his original plea-bargain agreement, the trial court placed Appellant Bill Murry Power on deferred adjudication community supervision for a period of five years and assessed an $800.00 fine. Thereafter, the State filed a motion to adjudicate Power's guilt, alleging that Power had violated his community supervision by failing to report to his supervision officer on two occasions. Power then entered into a second agreement with the State; in exchange for Power pleading "true" to the allegations contained within the motion to adjudicate guilt, the State agreed to recommend to the trial court that Power's punishment should be set at three years in the Texas Department of Criminal Justice, Institutional Division and an $800.00 fine. The trial court revoked Power's deferred adjudication community supervision after he pled "true." In accordance with this second agreement, the trial court sentenced Power to three years in the Texas Department of Criminal Justice, Institutional Division and assessed him an $800.00 fine. Appellant timely filed a pro se notice of appeal, which states,

Comes now, Bill Murry Power, Defendant in the above entitled and numbered cause, and pursuant to rule 40(b) of the Texas Rules of Appellate Procedure files this notice of appeal, within the required thirty (30) days time period following the day of sentence, to the Texas Court of Criminal Appeals. The Defendant has not been granted permission to appeal this case by the trial court through the Honorable Judge Debbie Strickland [sic] on this 20th day of November 2000.

Power's court-appointed counsel filed an Anders brief with this court. The brief states that "there are no legitimate arguments which could be advanced which might arguably support reversal on appeal." Power did not file a pro se brief. We dismiss the appeal for lack of jurisdiction.

Power's original plea of guilty was pursuant to a plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by Power. As such, Texas Rule of Appellate Procedure 25.2(b)(3) applies (1) to this case and requires Power to file a notice of appeal that raises a jurisdictional defect, challenges a pre-trial motion ruling, or indicates the trial court's permission to appeal. Tex. R. App. P. 25.2(b)(3). Power's general notice of appeal does not assert any of these jurisdictional requirements under rule 25.2(b)(3). Therefore, we are without jurisdiction to consider Power's appeal.

We dismiss this appeal for want of jurisdiction.

Alma L. L pez, Justice

DO NOT PUBLISH

1. Appellant's brief does not raise any issues which would fall within the exception created by Vidaurri v. State, No. 151-99, 2001 WL 687375 (Tex. Crim. App. June 20, 2001). Vidaurri held that we would have jurisdiction to consider issues separate from an appellant's conviction. Id. at *6.