Francisco Javier Casas v. State of Texas--Appeal from 182nd District Court of Harris County

Annotate this Case
Francisco Javier Casas v. State of Texas /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-00-234-CR

 

FRANCISCO JAVIER CASAS,

Appellant

v.

 

THE STATE OF TEXAS,

Appellee

 

From the 182nd District Court

Harris County, Texas

Trial Court # 9414915

MEMORANDUM OPINION

Francisco Javier Casas pleaded nolo contendere to sexual assault of a child, and, pursuant to a plea agreement, the court deferred an adjudication of guilt and placed him on community supervision for eight years. After a contested hearing, the court adjudicated Casas s guilt and sentenced him to ten years imprisonment. Casas filed a general notice of appeal.

An appellant who has pleaded nolo contendere in exchange for deferred adjudication must comply with appellate rule 25.2(b)(3) when he seeks to appeal a subsequent adjudication and sentencing. See Craddock v. State, No. 10-00-231-CR, slip op. at 2, 2000 Tex. App. LEXIS 7642, at *1-2 (Tex. App. Waco Nov. 8, 2000, no pet. h.); see also Manuel v. State, 994 S.W.2d 658, 662 (Tex. Crim. App. 1999); Watson v. State, 924 S.W.2d 711, 714-15 (Tex. Crim. App. 1996) (both applying former appellate rule 40(b)(1)). Casas s general notice of appeal does not comply with this rule.

Because Casas s notice of appeal does not comply with rule 25.2(b)(3), we do not have jurisdiction over this appeal. See Craddock, No. 10-00-231-CR, slip op. at 2, 2000 Tex. App. LEXIS 7642, at *1-2; Okigbo v. State, 960 S.W.2d 923, 925 (Tex. App. Houston [1st Dist.] 1998, pet. ref d). The time for perfecting his appeal has elapsed, so this defect cannot be corrected. See State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000); Craddock, No. 10-00-231-CR, slip op. at 4, 2000 Tex. App. LEXIS 7642, at *5-6. Accordingly, we dismiss this appeal for want of jurisdiction.

 

REX D. DAVIS

Chief Justice

 

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

(Justice Vance concurring)

Appeal dismissed

Opinion delivered and filed November 22, 2000

Publish

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.