Justin Shepherd v. The State of Texas--Appeal from 47th District Court of Potter County
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NO. 07-02-0241-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
SEPTEMBER 11, 2002
______________________________
JUSTIN JAY SHEPHERD,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NO. 44331-A; HON. DAVID GLEASON, PRESIDING
_______________________________
Before QUINN and REAVIS, JJ., and BOYD, SJ.1
Pending before the court is Justin Jay Shepherd’s (appellant) motion for extension
of time to file his brief. Accompanying the motion was the brief itself. We grant the motion
and file the brief as of the date received. However, we dismiss the appeal for the want of
jurisdiction.
Pursuant to a plea agreement, appellant was convicted of burglary of a habitation
with intent to commit another felony. The punishment assessed by the court did not
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov’t
Code Ann. § 75.002(a)(1) (Vernon Supp. 2002).
exceed the terms of the plea bargain. Thereafter, appellant filed a pro se general notice
of appeal wherein he stated that he was “ignorant” of the law and “was misrepresented by
counsel.” Omitted from the notice, however, was either the statement that the court
granted permission to appeal, that the substance of the appeal involved matters raised by
written motion before trial, or that the appeal “is for jurisdictional defects” as required by
Texas Rule of Appellate Procedure 25.2(b)(3). Nor did the appellant’s subsequent notice
of appeal contain like statements. Consequently, we lack jurisdiction to entertain the
proceeding, Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001), and dismiss the appeal
for want of jurisdiction.
Per Curiam
Do Not Publish.
2
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