Kevin Andre Hanchett v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-02-292 CR
____________________
KEVIN ANDRE HANCHETT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 84259
MEMORANDUM OPINION

Kevin Andre Hanchett pleaded no contest to aggravated assault. In accordance with the Agreed Punishment Recommendation, the trial court sentenced Hanchett to ten years' confinement in the Texas Department of Criminal Justice, Institutional Division.

The State is correct in asserting that this Court does not have jurisdiction over the appeal because of Hanchett's failure to comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. The procedure for plea bargain agreements applies where the prosecution and the defense agree to limit, or "cap," the upper range of punishment. See Delatorre v. State, 957 S.W.2d 145, 148-49 (Tex. App.--Austin 1997, pet. ref'd). We find the court followed a plea bargain agreement. Therefore, the general notice of appeal filed by Hanchett failed to invoke our appellate jurisdiction. See White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001). (1)

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

 

Submitted on February 18, 2003

Opinion Delivered February 26, 2003

Do not publish

 

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

1. For appeals perfected before January 1, 2003, the notice of appeal must specify that the appeal is for a jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or state the trial court granted permission to appeal. See Tex. R. App. P. 25.2(b)(3).