Timothy Joel LeBouef 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. 09-02-365 CR
____________________
TIMOTHY JOEL LEBOUEF, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 72913
MEMORANDUM OPINION

Timothy Joel LeBouef entered a guilty plea in Cause No. 72913 to the second degree felony offense of sexual assault on a child. Tex. Pen. Code Ann. 22.011(a)(2)(A),(f) (Vernon 2003). Following a plea bargain agreement between LeBouef and the State, (1) the trial court deferred adjudication of guilt, then placed LeBouef on community supervision for ten years and fined him $1500. In a subsequent hearing, LeBouef pleaded true to allegations that he violated the terms of the community supervision order. The trial court assessed punishment at five years of confinement in the Texas Department of Criminal Justice, Institutional Division.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See 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). On March 20, 2003, we granted LeBouef an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

The notice of appeal filed by LeBouef failed to invoke our appellate jurisdiction to review issues relating to his conviction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). (2) Although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which LeBouef was punished, no error relating to punishment was preserved. Vidaurri v. State, 49 S.W.3d 880, 883, 885 (Tex. Crim. App. 2001).

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

The judgment is AFFIRMED.

 

PER CURIAM

 

Submitted on June 30, 2003

Opinion Delivered July 16, 2003

Do Not Publish

 

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

1. The prosecutor's recommendation of a "10 year cap" appears on a document titled "Unagreed Punishment Recommendations," but the records of the initial plea and sentencing hearings demonstrate that the State and the defendant did, in fact, enter into a plea bargain agreement regarding punishment. See Ditto v. State, 988 S.W.2d 236, 238-39 (Tex. Crim. App.1999).

2. For appeals commenced before January 1, 2003, in a plea-bargained, felony case, 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. Tex. R. App. P. 25.2(b)(3).