Richard Ovalle v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-91-142-CR

RICHARD OVALLE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 24-006

O P I N I O N

After a plea agreement, Appellant pled guilty to the offense of murder and was assessed fifty years in prison, the recommended punishment. He filed a notice of appeal within the time allowed, but did not specify any matter which had been raised by written motion and ruled on before trial and did not state that the trial court had granted permission to appeal. See Tex. R. App. P. 40(b)(1). The State filed a motion to dismiss the appeal.

When a notice of appeal is filed, the court of appeals obtains jurisdiction. Jones v. State, 796 S.W.2d 183, 186 (Tex. Crim. App. 1990). Rule 40(b)(1) is a restrictive rule which regulates the extent of the grounds upon which a defendant can appeal. Id. If he desires to appeal on a non-jurisdictional matter or one which occurred prior to entry of the plea, he must conform to the requirements of the rule. Id.

Here, Appellant asks this court to reverse the judgment and remand the cause for the trial court to hold a hearing on a motion to withdraw his plea, a non-jurisdictional matter.

Because the matter raised is non-jurisdictional and because his notice of appeal does not conform to the requirements of Rule 40, we grant the State's motion to dismiss the appeal. See Jones, 796 S.W.2d 186-87; Tex. R. App. P. 40(b)(1).

PER CURIAM

Before Chief Justice Thomas

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed November 6, 1991

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