Pedro Moncada v. State of Texas--Appeal from 227th Judicial District Court of Bexar County

No. 04-00-00721-CR

Pedro MONCADA,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 99-CR-3519

Honorable Philip A. Kazen, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Phil Hardberger, Chief Justice
Tom Rickhoff, Justice
Paul W. Green, Justice

Delivered and Filed: November 14, 2001

DISMISSED FOR LACK OF JURISDICTION

Appellant pled nolo contendere to possession of a controlled substance with intent to deliver. The punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant. The trial court did not grant appellant permission to appeal.

Appellant filed a notice of appeal stating that the subject of his appeal would be the trial court's denial of his motion to suppress. However, on appeal, appellant raised a different issue: whether the trial court properly amended its defective indictment in compliance with Texas Code of Criminal Procedure articles 28.10 and 28.11. Appellant did not object to the amendment of the indictment; therefore, the indictment was sufficient to invoke the trial court's jurisdiction.

If an appeal is from a judgment rendered on the defendant's plea of guilty or nolo contendere under article 1.15 of the Code of Criminal Procedure, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the notice must either: "(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 the trial court granted permission to appeal." Tex. R. App. P. 25.2(b)(3).

Appellant's notice of appeal does not conform to the standard set out in Rule 25.2 because it did not recite that the appeal is for a jurisdictional defect or that the substance of the appeal was raised by written motion and ruled on before trial; thus, appellant's notice of appeal does not confer jurisdiction on this court. Tex. R. App. P. 25.2(b)(3). We dismiss the appeal.

Tom Rickhoff, Justice

DO NOT PUBLISH