Marcus Garrett Hill v. The State of Texas--Appeal from 128th District Court of Orange County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-02-316 CR
____________________
MARCUS GARRETT HILL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 128th District Court
Orange County, Texas
Trial Court Cause No. A-020208-R
MEMORANDUM OPINION

Appellant, Marcus Garrett Hill, pleaded guilty to the felony offense of Possession of Marijuana. The record before us reflects the plea was to the trial court, following appellant's execution of a waiver of trial by jury, with the trial court's subsequently assessing punishment at confinement in the Texas Department of Criminal Justice -- Institutional Division for a term of seventeen years. A subsequent motion for new trial was denied by the trial court. Thereafter, appeal was perfected and appellate counsel filed a brief in compliance with the requirements of 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). In an order dated April 17, 2003, we granted appellate counsel's motion for extension of time to allow appellant to file a pro se brief should he so desire. Appellant did file with this court a pro se appellate brief raising four appellate issues:

1. Trial court erred in allowing amendment of indictment over defendant's objections. The amendment added additional offenses, many of which were erroneous; violating the substantial rights of the defendant.

 

2. Prosecutorial misconduct.

 

3. Ineffective assistance of counsel.

 

4. Fatal variance exists between the allegations in the amended indictment and the proof offered during the proceedings.

 

The record reflects that appellant's guilty plea was pursuant to a punishment recommendation mutually agreed to by both the State and appellant. The trial court also admonished appellant upon his plea of guilty in substantial compliance with Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2004). The trial court's sentence of seventeen years' confinement was within the punishment range agreed to by appellant and the State. The instant offense and all of the underlying trial court proceedings took place prior to January 1, 2003. (1)

Appellant filed two notices of appeal. Neither was in compliance with Tex. R. App. P. 25.2(b)(3). Because appellant's notices of appeal do not comply with Rule 25.2(b)(3), our jurisdiction to entertain his appeal has not been invoked. See Cooper v. State, 45 S.W.3d 77, 79, 81 (Tex. Crim. App. 2001). As this Court lacks jurisdiction to consider any matters raised by appellant in his pro se appellate brief, our only recourse is to dismiss the appeal. See also Woods v. State, 108 S.W.3d 314, 316 (Tex. Crim. App. 2003).

APPEAL DISMISSED.

PER CURIAM

 

Submitted on February 4, 2004

Opinion Delivered February 11, 2004

Do Not Publish

 

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

1. Tex. R. App. P. 25.2 was amended effective January 1, 2003. All references in this opinion to Rule "25.2(b)(3)" refer to the previous version of Tex. R. App. P. 25.2 in effect at the time appellant filed his notice of appeal.