Harry James Yarbrough v. State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-01-042 CR
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HARRY JAMES YARBROUGH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 82649
OPINION

Harry James Yarbrough pleaded guilty as a repeat felony offender to the felony offense of indecency with a child. Tex. Pen. Code Ann. 21.11(a)(1) (Vernon Supp. 2001). The trial court assessed punishment at 15 years of confinement in the Texas Department of Criminal Justice, Institutional Division. Yarbrough appealed.

Appellate counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The brief concludes that the record presents no arguable error which would support an appeal, a conclusion with which we concur. On August 30, 2001, Yarbrough was given an extension of time in which to file a pro se brief if he so desired. As of this date, we have received no response from the appellant.

The "Agreed Punishment Recommendation" limited the upper range of punishment to 20 years, and required the State to abandon an habitual felony allegation. These circumstances establish the existence of a plea bargain agreement as to the punishment to be assessed by the trial court. See Delatorre v. State, 957 S.W.2d 145, 148 (Tex. App.--Austin 1997, pet. ref'd). The general notice of appeal does not comply with the form required by the Rules of Appellate Procedure. See Tex. R. App. P. 25.2(b)(3); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001); Davis v. State, 870 S.W.2d 43, 47 (Tex. Crim. App. 1994). We have reviewed the clerk's record and the reporter's record for issues over which appellate jurisdiction might exist, and have found no arguable error requiring us to order appointment of new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

 

Submitted on December 31, 2001

Opinion Delivered January 9, 2002

Do Not Publish

Before Walker, C.J., Burgess and Gaultney, JJ.