Kendrix James Noel v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-033 CR
____________________
KENDRIX JAMES NOEL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 83972
MEMORANDUM OPINION (1)

On March 6, 2003, the State of Texas filed a motion to dismiss for lack of jurisdiction the appeal of Kendrix James Noel. The appellant did not respond to the motion or otherwise identify any issues unrelated to the conviction that may be raised on appeal. This is an appeal from a felony case in which the trial court followed the plea bargain agreement as to punishment. The notice of appeal filed on December 18, 2002, did not comply with the mandatory notice requirements then in effect for appeals in plea-bargained felony cases. See Tex. R. App. P. 25.2(b)(3). The Court finds that the notice of appeal filed by the appellant did not invoke this Court's appellate jurisdiction. See White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). Accordingly, the State's motion to dismiss is GRANTED and the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

 

Opinion Delivered March 20, 2003

Do Not Publish

 

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

1. Tex. R. App. P. 47.4.